Perhaps nothing can be more disheartening than a court finding a defendant responsible for spoliation of evidence. This is because a finding of spoliation gives rise to a rebuttable presumption that the subject evidence was harmful to the spoliator. Thus, even a very innocent error in safeguarding potential evidence can be fatal to an otherwise […]
We all remember that dramatic moment when OJ Simpson was asked to put on the black gloves in front of the jury in the so-called “Trial of the Century.” Both gloves, according to the prosecution, contained DNA evidence from Simpson, Nicole Brown and Ronald Goldman, with the glove found at Simpson’s house also containing a […]
Parties who have reached a settlement more often than not are very happy to know that the case has been resolved as opposed to having the outcome of the case dictated to them by twelve strangers on a jury. Sometimes, however, the resolution of a case by settlement is complicated due to the parties’ varying […]
Georgia’s case law on apportionment of fault to a non-party continues to evolve. In Zaldivar v. Prickett, S14G1778 (Ga. July 6, 2015) the Georgia Supreme Court attempted to clear up how apportionment would apply. The apportionment statute provides when “assessing percentages of fault, the trier of fact shall consider the fault of all persons or […]
Earlier this year, the Georgia Court of Appeals issued a decision in a workers’ compensation case where the employee alleged a work-related stroke. Save-A-Lot Food Stores v. Amos, 331 Ga. App. 517, 771 S.E.2d 192 (2015). Workers’ compensation claims typically do not require evidence of causation. However, in cases involving heart disease, heart attack, failure […]
Georgia law generally, with few exceptions, prohibits a party from recovery of damages for emotional distress arising from witnessing the injuries sustained by another. This position promulgates Georgia’s adherence to the “impact rule.” Under the “impact rule”, to recover for emotional injuries, the defendant’s conduct must result in actual bodily contact to the plaintiff. Ryckeley […]
In Medical Center Hospital Authority v. Cavender, 2105 WL 1303038 (Ga. Ct. App., March 24, 2015) the Georgia Court of Appeals reversed the denial of summary judgment to defendants in a premises liability case involving the criminal acts of third party. The case involved a shooting attack at a hospital in which a shooter entered […]
In a recent decision by the Georgia Court of Appeals, Hooks v. McCondichie Properties 1, LP, et.al, 330 Ga. App. 583, 767 S.E.2d 517 (2015), the Court was given an opportunity to address some important questions relating to service of process. In particular, the Court resolved competing arguments concerning the proper application and procedure for […]
It has long been the rule in Georgia that the award of damages for pain and suffering is determined by the enlightened conscience of fair and impartial jurors. But proposed amendments to Georgia’s Pattern Jury Instructions may expand the factors put before a jury to determine this item of damages. Under the current pattern instructions, […]
Mabry & McClelland, LLP is proud to announce that Partner Walter McClelland has been voted a Georgia “Super Lawyer” by Super Lawyers® and Atlanta Magazine for significant professional achievement and peer recognition in his field. The “Super Lawyer” recognition is attained by only 5% of lawyers in each state. Notably, Mr. McClelland has achieved this […]