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, […]
On Saturday, June 14, Attorneys and staff from Mabry & McClelland joined a team from the Atlanta Association of Legal Administrators to work with Hands On Atlanta’s community service project at Toomer Elementary School. Together, we literally moved mountains of mulch to fill a playground, as well as other areas on the campus. This project was part of the […]
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 […]
Mabry & McClelland, LLP is one of the oldest and most respected Civil Litigation Defense firms in Atlanta, with more than 50 years of service to the Insurance and Business community. We are a dynamic firm comprised of some of the best trial lawyers in the country. Currently, we are looking for a qualified Legal […]
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 […]
A recent decision by the Georgia Supreme Court sheds light on the law imposing suit limitations on lien collection actions, and suggests that the statute in question may need to be revised by the legislature. Hospital Authority of Clarke County v. Geico Insurance Co., 294 Ga. 477, 754 S.E.2d 358 (2014) concerns an action to […]