The Court of Appeals of Georgia struck down a $7.5 million damages award against Liberty Regional Medical Center on November 3, 2026. The high court ruled that the estate of the deceased, Gerber, failed to establish a causal link between the hospital's alleged negligence and his fatal collision. This decision ends a legal battle that began when Gerber walked out of the emergency department barefoot and was struck by a vehicle.
The incident started when Gerber arrived at his wife’s home drunk, agitated, and with blood in his stool. Paramedics later found him confused and unable to state the year. At Liberty Regional Medical Center, staff noted his blood pressure was 188/118 and he had reported vomiting and diarrhea for weeks. Despite these red flags, the attending physician documented that Gerber was alert and insisted on leaving.
Gerber spent roughly 70 minutes in the ER. He left without shoes, still in soiled clothes, after staff failed to secure a ride or a police escort. His wife, Hopkins, had refused to pick him up due to a temporary protective order. Moments after exiting the hospital, Gerber stepped into traffic and was killed by an oncoming car.
A jury initially sided with the family, apportioning 40% fault to the physician, 40% to the nurse and hospital, and 20% to Gerber. They awarded $7.5 million in damages. However, the trial court reversed this verdict, agreeing with the defendants that the evidence did not support the claim of actionable negligence.
The appeals court affirmed the reversal, focusing on the "intervening event" of the car crash. The family's medical expert testified that Gerber needed a more extensive exam but could not confirm that better care would have kept him in the hospital or prevented him from walking into traffic. Without proof that the hospital's actions directly caused the collision, the legal burden was not met.
The case is now closed, leaving the hospital and medical staff free of liability. The ruling sets a precedent in Georgia that mere proximity to a medical setting does not equal liability for subsequent unforeseeable accidents, unless a direct causal chain is proven.