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 […]
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 Act. The question certified to the court was whether or not the Georgia Apportionment Statute […]
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 percentages of fault, the trier of fact shall consider the fault of all persons or […]
In Medical Center Hospital Authority v. Cavender, 2105 WL 1303038 (Ga. Ct. App., March 24, 2015) the Georgia Court of Appeals reversed the denial of summary judgment to defendants in a premises liability case involving the criminal acts of third party. The case involved a shooting attack at a hospital in which a shooter entered […]
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 process. In particular, the Court resolved competing arguments concerning the proper application and procedure for […]
In City of Atlanta v. McCrary, 760 S.E.2d 696 (2014) Plaintiffs alleged, among other claims, that the City of Atlanta maintained a nuisance by failing to enforce its own high speed pursuit policy after a high speed chase resulted in a deadly collision. In reversing the trial court, the Court of Appeals seemed skeptical that […]
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 […]