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

September 4, 2015 by

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

June 3, 2015 by

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 … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability | Professional Negligence

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

April 13, 2015 by

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 … Read More

Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability | Professional Negligence

Changing The Way We Evaluate Pain And Suffering

March 30, 2015 by

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 … Read More

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

Case Law Update: The Doctrine Of Estoppel In The Context Of A Lawsuit Filed Against A Homeowner’s Association By An Association Member

September 18, 2014 by

In Polo Golf & Country Club Homeowner’s Association, Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), the Supreme Court of Georgia affirmed the denial of the defendant association’s motion for summary judgment on plaintiffs Rymers complaint for property … Read More

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

Case Law Update: Court of Appeals Clarifies When Summary Judgment is Appropriate for Premises Owners With Respect to Constructive Knowledge When a Licensee is Injured

August 29, 2014 by

A recent opinion of the Georgia Court of Appeals contrasts two deck collapse cases under similar, but not identical, facts. In Rogers v. Woodruff, A14A0425 (August, 19 2014), the Court undertook an analysis of facts similar to those presented in … Read More

Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability | Professional Negligence

Using Industry Standards In Daubert Challenges: Context Matters

August 15, 2014 by

In the recently-decided Adams v. Laboratory Corporation of America, Case No. 13-10425, the 11th Circuit Court of Appeals provided some legal guidance on application of industry guidelines to motions to exclude expert testimony. The case concerned the Plaintiffs’ claim that Defendant LabCorp … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability

Case Law Update: Court of Appeals Denies Defendant’s Attempt to Apportion Responsibility to Plaintiff’s Employer Finding a Lack of Causal Connection

August 4, 2014 by

Georgia’s case law on apportionment of fault to a non-party continues to evolve.  In Zaldivar v. Prickett, A14A0113 (Ga. Ct. App. July 16, 2014) Zaldivar and Prickett were involved in an automobile accident at an intersection, for which they each … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability

Case Law Update: Georgia Supreme Court Confirms Plaintiff’s Attorney’s Contingency Fee Agreement Cannot be the Sole Basis for a Fee Award

June 20, 2014 by

The Georgia Supreme Court just issued a new ruling this week in which it held that when a Plaintiff becomes entitled to an award of attorney’s fees pursuant to Georgia’s offer of judgment statute, O.C.G.A. § 9-11-68, the court must … Read More

Catastrophic Injury & Wrongful Death | Common Carrier Liability | Construction | Motor Vehicle Accidents | Premises Liability | Products Liability

The Importance of Investigating Claimants’ Online Presence

June 6, 2014 by

With the rapid proliferation of social media websites such as Facebook, Twitter, and Instagram in recent years, parties to litigation now have access to information on subjects’ private lives that in an earlier era would only have been accessible by … Read More

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