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 […]
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 emotional injuries, the defendant’s conduct must result in actual bodily contact to the plaintiff. Ryckeley […]
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 […]
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 put before a jury to determine this item of damages. Under the current pattern instructions, […]
In Polo Golf & Country Club Homeowner’s Association, Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), the Supreme Court of Georgia affirmed the denial of the defendant association’s motion for summary judgment on plaintiffs Rymers complaint for property damage as a result of continuous flooding on the Rymers property. The Rymers are property […]
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 […]
The Georgia Supreme Court just issued a new ruling this week in which it held that when a Plaintiff becomes entitled to an award of attorney’s fees pursuant to Georgia’s offer of judgment statute, O.C.G.A. § 9-11-68, the court must take into account more than the contingency fee agreement plaintiff has with their attorney. Georgia […]
With the rapid proliferation of social media websites such as Facebook, Twitter, and Instagram in recent years, parties to litigation now have access to information on subjects’ private lives that in an earlier era would only have been accessible by hiring a private investigator. In many instances, it is possible to find information online about […]