Georgia lawmaker called after fatal hit-and-run could face liability

(Legal Newsline) – In a case resembling the opening of the George Clooney-led film Michael Clayton, a lawyer and member of the Georgia legislature may be in legal trouble for going to meet a man who fatally struck a bicyclist with his car instead of immediately calling 911.

Attorney Othel “Trey” Kelley III may be liable for wrongful-death damages under the “voluntary undertaking doctrine,” which applies to people who negligently help out in a situation even though they had no duty to intervene, the Georgia Court of Appeals ruled Wednesday. The appellate court reversed a lower court’s dismissal of the case against Kelley based on its determination Georgia’s wrongful-death statute applies only to the driver of a vehicle.

In September 2019, Ralph Dover attended a county fair, then while driving home his car struck Eric Keais on his bicycle from behind. Keais was thrown onto the hood and shattered the windshield. Instead of stopping or calling 911, Dover, much like a client in Michael C...