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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

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Construction | Insurance Coverage & Business Disputes | Motor Vehicle Accidents | Premises Liability | Products Liability | Professional Negligence | Worker's Compensation

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

September 15, 2015 by

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

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

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

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 | 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

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