The insurer who provides a defense to an insured under a liability policy has certain rights to control the defense afforded under the policy. For the insurer, the right to control the litigation carries with it certain duties, including the duty not to prejudice the insured’s liability defenses and provide clarification regarding the coverage of […]
The vast majority of children love dogs, especially puppies! At the same time, owing to their innocence and lack of physical development, children, especially infants, are prone to dog attacks. In fact, annual data from 2016 shows that 42% (13) of the fatality victims of dog attacks were children ages 9 years and younger. Moreover, among […]
Although premises liability cases often do not lend themselves to summary judgment, firm associate Tracey Pruiett scored a recent victory when the Georgia Court of Appeals granted summary judgment in favor of a grocery store in a slip and fall case. Ingles Markets, Inc. v. Rhodes involved a plaintiff who slipped and fell on grease […]
I am often asked by clients whether uninsured motorist carriers are entitled to a setoff for workers compensation and social security benefits in Georgia. The short answer is no.The Georgia Supreme Court has held that collateral benefits setoff provisions that permit the UM insurer to reduce the amount payable to its insured under the coverage […]
Mabry & McClelland Partner, Jimmy Scarbrough, makes the news with a recent trial victory. Read the whole story on Courtroom View Network.
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 […]
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 […]