His wife and estate filed a lawsuit alleging medical negligence and failure to ensure his safety.
A jury awarded them $7.5 million in damages initially. About 70 minutes later Gerber left the emergency department in his soiled clothes, minus his shoes. 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. 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.
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. 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. 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. 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. He was trying to cross the road outside the hospital when he was hit by an oncoming vehicle. The crash was fatal. At first the case went in the family’s favor. But the defendants challenged the verdict, saying the family had failed to show sufficient evidence linking the alleged medical failures with the fatal accident. 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. 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.