Mabry & McClelland, LLP is excited to welcome Jessica Hubbartt to our firm. She will be practicing within the areas of insurance defense, motor vehicle accidents, wrongful death, premises liability, professional negligence, commercial litigation, real estate, and loan workouts. With several years of insurance defense and civil litigation experience, Jessica has defended individuals, insurance carriers, […]
Social media is everywhere and used by a majority of the population. Recent studies indicate that more users are not only accessing Facebook more frequently, but also that they are using it primarily on their mobile telephones. Part of this drive is due to Facebook features, such as the live video feed, that allows users […]
As part of the Georgia Tort Reform package in 2005, the legislature passed a settlement procedure statute meant to put some teeth into settlement negotiations. Now O.C.G.A. § 9-11-68, (a/k/a Rule 68 – Offer of Settlement), allows either party in a tort case to serve the other party with a written offer to settle, so long […]
Reviewing medical records and billing statements are a routine practice throughout pre-suit and the litigation process. With the rise of third party billing entities, it has become common place to receive a statement that was issued from an entity other than the one that rendered treatment. If the charges seem disproportionate to the treatment rendered […]
Senior Associate Molly O’Connor’s client First Baptist Church of Snellville was recently granted summary judgment in a trip and fall case where the Plaintiff, Eugenia Holden, tripped over a handicap curb while approaching the main entrance of the church for a Christmas event. What was especially interesting about this suit was that Plaintiff admitted to […]
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 Hicks v. Walker, 262 Ga. App. 216 (2003), but found that one discernible difference made […]
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 repeatedly failed to identify abnormal cells in Pap smear reviews, resulting in a delay in […]
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 blamed the other. Prickett sued Zaldivar, but even though she was also injured, Zaldivar did […]
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, 2014) serves as a reminder to litigants and their attorneys to proceed toward settlement with […]
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 patient; not their family, representatives, and not their doctor. In a decision dated June 30, […]