Case Law Updates Archives - Mabry & McClelland

Georgia Court Of Appeals Affirms Apportionment Of Fault As The Law In Georgia In Two Recent Cases

June 6, 2016 by M-M Admin

While these cases fact patterns are not typical liability or insurance defense cases, they demonstrate that the apportionment statute has been held to apply to a wide range of cases and situations and is the law in Georgia with respect … Read More

Case Law Updates | Insurance Coverage & Business Disputes | Premises Liability

When Does A Cause Of Action For Malicious Prosecution Accrue With Respect To The Policy Period Of An Insured?

May 11, 2016 by M-M Admin

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 … Read More

Case Law Updates | Premises Liability

Constructive Knowledge, the Hammer and the Nail of Premise Liability

March 10, 2016 by M-M Admin

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 … Read More

Case Law Updates | Premises Liability

The “Tenant Exception” in Georgia Premises Liability Cases

February 4, 2016 by M-M Admin

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 … Read More

Case Law Update: The Georgia Supreme Court Confirms That a Non-Party Employer May Be Apportioned Fault

January 20, 2016 by M-M Admin

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 … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Premises Liability

Georgia Court of Appeals Confirms Use of Apportionment to Unknown Non Parties

January 8, 2016 by M-M Admin

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, … Read More

Case Law Updates | Premises Liability

Case Law Update: Georgia Dog Bite and Dog Liability Law

November 12, 2015 by M-M Admin

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 … Read More

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

October 15, 2015 by M-M Admin

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, … Read More

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

September 15, 2015 by M-M Admin

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, … Read More

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

September 4, 2015 by M-M Admin

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 … Read More

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