His wife and estate filed a lawsuit alleging medical negligence and failure to ensure his safety. Life is very unpredictable; situations may change within a moment and lead to sudden surprises, just like what happened to a Georgia man. Gerber's trip to the emergency room was supposed to help him but ended in tragedy that would later become the subject of a lengthy legal fight. Gerber spent only about an hour at a Georgia hospital before walking out barefoot and being struck by a vehicle as he tried to cross the road. His wife, Hopkins, and his estate later sued the medical team, claiming the hospital didn’t properly assess and care for him. A jury awarded them $7.5 million in damages initially. But now the Court of Appeals of Georgia has upheld the overturning of that verdict, saying the family could not prove the alleged medical negligence caused his death.
What went on in the hospital?
The Court of Appeals of Georgia says it all began when Gerber showed up at his wife’s home drunk and in an agitated state. Hopkins called emergency services after he saw blood in his stool. Paramedics arrived to find him confused, unsteady and struggling to communicate. He was unable to tell what year it was and required help to walk.Gerber was transported to Liberty Regional Medical Center, where hospital staff was informed of his condition. He was sent to a shower room because his clothes were dirty. His medical records also showed a blood pressure reading of 188/118, and he had reported feeling nauseous, vomiting and suffering from diarrhea in the weeks prior.Even with these symptoms the hospital did not admit him for further treatment. The court’s account said the attending physician wrote in the notes that Gerber was alert and wanted to leave, and determined there was no medical reason to keep him there.
He left without shoes and was hit by a vehicle
Before leaving Gerber asked hospital staff to call Hopkins to pick him up. She refused, saying there was a temporary protective order in place, but had voiced concern about his health. Employees at the hospital tried to flag down a cab and called the Sheriff’s Department, but were unable to get him a ride.About 70 minutes later Gerber left the emergency department in his soiled clothes, minus his shoes. He was trying to cross the road outside the hospital when he was hit by an oncoming vehicle. The crash was fatal.His wife and estate later sued the hospital authority, the attending physician and a nurse, saying the medical team didn’t properly care for him and didn’t take reasonable steps to protect him.
Jury awards $7.5M
At first the case went in the family’s favor. The jury apportioned a significant percentage of the damages to the medical professionals and hospital, finding the physician 40% at fault, the nurse and hospital also 40%, and Gerber 20%.The final award was $7.5 million. But the defendants challenged the verdict, saying the family had failed to show sufficient evidence linking the alleged medical failures with the fatal accident.In the end, the trial court agreed and reversed the jury’s verdict. Hopkins and the estate appealed to the Court of Appeals of Georgia.
Why appeals court rejected award
The key question was not whether Gerber received better medical care, but whether that failure could be shown to have caused his death.The family's medical expert testified that Gerber needed a more extensive exam, proper treatment and a clearer explanation of the risks of leaving the hospital. But the expert could not say what his state of mind was when he walked out, or that a different medical evaluation would have kept him in.In a November 3, 2026 ruling, the Court of Appeals of Georgia found that the evidence did not establish the necessary nexus between the alleged negligence and the fatal collision. It also found that the accident was an intervening event which could not be seen as a foreseeable consequence of the alleged failure of the hospital to treat him.The appeals court thus affirmed the overturning of the $7.5 million jury award.Images Courtesy: istock
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