Since its release earlier this month (July 2016) the Pokemon Go mobile app has generated trending news stories of player related injuries caused by distracted driving and walking. San Diego news channels reported that two men fell off a cliff … Read More
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
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 … Read More
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
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
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
In Maloof v. Metropolitan Atlanta Rapid Transit Authority, A14A2233 (Ga. Ct. of Appeals, Feb. 24, 2015), an automobile accident case, the Georgia Court of Appeals held that pursuant to O.C.G.A. § 24-8-803(8) a police report falls under the public records … Read More
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 … Read More
The Court of Appeals recognized how the traditionally ministerial act of vehicle maintenance can become discretionary when the maintenance act at issue is neither standard nor routine. In City of Milledgeville v. Primus, 325 Ga. App. 553, 753 S.E.2d 146 … Read More
Under the doctrine of respondeat superior in Georgia, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. O.C.G.A. § 51-2-2. Typically speaking, Georgia law … Read More