While a duty to defend claims of malicious prosecution may be subject to exclusion, special limits, or a combination of the two by virtue of the language of a particular insurance policy, it is often difficult to determine when the cause of action accrued for purposes of identifying the operative policy period to analyze any […]
A simple internet search will reveal numerous legal journals and web publications regarding the growing role social media plays in modern civil litigation for both plaintiffs and defendants in tort claims. Even a recent Georgia appellate decision recognized Facebook as “one of the most popular social networking websites” that allows registered users to customize published […]
The Center for Disease Control reports that fall injuries are among the 20 most expensive medical conditions with average hospital costs of $35,000.00. The wide and innumerable factual scenarios presented in trip, slip and fall incidents have blurred the line of conduct that creates legal liability for a premises owner or occupier. While property owners […]
Following the recent new changes to the Federal Rules of Civil Procedure which took effect December 1, 2015, changes to the Georgia Civil Practice Act have been proposed as part of currently pending legislation, HB 1017. The changes are largely being touted as updating the code sections for e-discovery. However while there are many minor […]
In the recent case of Scully v. The Board of Regents of the University System of Georgia, 332 Ga. App. 873, 775 S.E.2d 230 (2015) (Cert. Denied) David C. Scully, a student at Georgia Tech, brought suit against the University System of Georgia after he was injured while visiting a friend that attended the University […]
The Supreme Court of Georgia in the recent opinion Walker v. Tensor Mach. Ltd., No. S15Q1222, 2015 WL 7135149, (Ga. Nov. 16, 2015), continued to expand the apportionment law, this time to nonparty employers with immunity under the Workers’ Compensation Act. The question certified to the court was whether or not the Georgia Apportionment Statute […]
Pursuant to O.C.G.A. § 51-12-33, a jury may apportion a percentage of fault to any person or entity who contributed to the complainant’s alleged damages, regardless if the person or entity was a party to the litigation. It is, however, the defendant’s burden to establish a rational basis for apportioning fault to a non-party, and […]
Beginning December 1, 2015 several new changes to the Federal Rules of Civil Procedure take effect. This article will address the major changes, but there are also minor changes in the rules based upon these changes, most of which change references to other rules and/or sections of rules as needed based upon the major changes […]
Georgia remains one of the top 10 states in the nation for dog bites and other dog-related injury claims, according to the Insurance Information Institute. In 2014, homeowner’s insurance policies paid out $12.2 million for dog-related injury claims in Georgia with an average cost per claim of $31,497. Nationwide, man’s best friend accounted for more […]
What may come as a surprise to some homeowners is that a standard homeowner’s insurance policy does not cover damage caused by flooding. The basic homeowners’ policy supports a home’s structure; personal possessions, such as furniture, clothes, electronics, etc.; certain liability claims brought against the homeowner; and sometimes additional living expenses if you must relocate […]