Professional Negligence Archives

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

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

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

October 8, 2015 by M-M Admin

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, … 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 Court Of Appeals Addresses Issues With Substituted Service Upon The Secretary Of State

April 13, 2015 by M-M Admin

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

Changing The Way We Evaluate Pain And Suffering

March 30, 2015 by M-M Admin

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

Using Industry Standards In Daubert Challenges: Context Matters

August 15, 2014 by M-M Admin

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 | Common Carrier Liability | Premises Liability | Professional Negligence

Case Law Update: Court of Appeals Explores Issues Relating to Settlement Offer and Acceptance

July 18, 2014 by M-M Admin

A recent decision by the Georgia Court of Appeals provides a valuable illustration of how strictly Georgia Courts evaluate the significance of communications leading up to a settlement. The case of Kolbus v. Fromm, A14A1132 (Ga. Ct. App., June 11, … Read More

Case Law Updates | Catastrophic Injury & Wrongful Death | Professional Negligence

Case Law Update: Georgia Supreme Court Clarifies and Strengthens Patient Mental Health Privilege and Access to Mental Health Records

July 3, 2014 by M-M Admin

If there was ever any doubt in Georgia about who holds the Patient Mental Health Privilege, when it attaches, and who has a right to mental health records, the Supreme Court of Georgia just made it crystal clear. It’s the … Read More

Recent Changes to Georgia’s Evidence Code

October 17, 2013 by kwsm

This article sets out some of the major changes to the Georgia Evidence Code which became effective January 1, 2013. Georgia has primarily adopted the Federal Rules of Evidence with some exceptions as noted herein. Under the new rules hearsay … Read More