Mabry McClelland, LLP
  • slider13

    Seasoned
    Advocates

    Exceptional Legal Skills
    Practical Solutions
    Quick Response

  • slider22

    Seasoned
    Advocates

    Exceptional Legal Skills
    Practical Solutions
    Quick Response

  • slider32

    Seasoned
    Advocates

    Exceptional Legal Skills
    Practical Solutions
    Quick Response

  • slider42

    Seasoned
    Advocates

    Exceptional Legal Skills
    Practical Solutions
    Quick Response

  • slider52

    Seasoned
    Advocates

    Exceptional Legal Skills
    Practical Solutions
    Quick Response

  • slider62
Mabry McClelland, LLP
  • Homepage
  • Attorneys & Staff
  • Practice Areas
  • M&M Blog
  • History
  • Contact Us

Spoliation after Phillips v. Harmon – Constructive Knowledge of Contemplated Litigation Sufficient to Trigger Duty to Preserve?

October 15, 2015

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 […]

Read more »

Case Law Update: The Georgia Court of Appeals Affirms the Trial Court Allowing Jury to Touch Plaintiff as Part of Evidence

October 8, 2015

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 […]

Read more »

Settlement Terms: Make Sure to Dot Your I’s and Cross Your T’s!

September 15, 2015

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 […]

Read more »

Case Law Update: Georgia Supreme Court Attempts To Clarify Apportionment Statute

September 4, 2015

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 […]

Read more »

Case Law Update: Burden Of Proof In Workers’ Compensation Claims Involving Stroke Or Heart Attack

June 22, 2015

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 […]

Read more »

Case Law Update: Supreme Court Reaffirms Grounds For Recovery In Emotional Distress Claims

June 3, 2015

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 […]

Read more »

Case Law Update: Court Of Appeals Reaffirms That A Criminal Act On Property Must Be Foreseeable For Liability To Exist

May 19, 2015

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 […]

Read more »

Case Law Update: Georgia Court Of Appeals Addresses Issues With Substituted Service Upon The Secretary Of State

April 13, 2015

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 […]

Read more »

Changing The Way We Evaluate Pain And Suffering

March 30, 2015

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, […]

Read more »

Walter McClelland Voted A Georgia “Super Lawyer” For The 11th Consecutive Year

March 17, 2015

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 […]

Read more »
« First...«3456»...Last »

Categories

  • Blog
  • Case Law Updates
  • Catastrophic Injury & Wrongful Death
  • Common Carrier Liability
  • Construction
  • Firm News
  • Insurance Coverage & Business Disputes
  • Motor Vehicle Accidents
  • Premises Liability
  • Products Liability
  • Professional Negligence
  • Worker's Compensation

Archives

Contact Info

Mabry & McClelland, LLP
2200 Century Parkway, N.E.
Suite 1000
Atlanta, GA 30345
Phone: 404-325-4800
Fax: 404-325-0596
View Map & Directions

Practice Areas

  • Catastrophic Injury & Wrongful Death
  • Common Carrier Liability
  • Construction
  • Insurance Coverage & Business Disputes
  • Motor Vehicle Accidents
  • Premises Liability
  • Products Liability
  • Professional Negligence
  • Workers Compensation
Copyright © 2021 Mabry & McClelland, LLP. | All Rights Reserved | Disclaimer | Contact Us
| ADA Accessibility Statement