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 […]
James Scarbrough successfully tried a slip and fall case this past week in Newton County. The plaintiff alleged that the defendant was negligent in inspecting and maintaining the premises, ultimately causing her to fall and sustain permanent, debilitating injuries. The case is what is commonly called a “rainy day” slip-and-fall case. Georgia law is well-settled […]
Mabry & McClelland, LLP is excited to welcome Joel Cope, the latest associate attorney to join our team. He will be practicing within the areas of Personal Injury Defense, Premises Liability, Products Liability, Subrogation and Insurance Coverage. With over 21 years of experience in law, Joel has tried jury cases in Georgia courts, hundreds of cases […]
Last year the Georgia Court of Appeals adjudicated or otherwise reviewed 1325 civil appeals. Of those appeals, the court affirmed approximately thirty-eight percent of the trial court’s decisions. The court reversed fourteen percent of the matters presented on appeal. The appellate court heard slightly fewer appeals in 2015 than in 2016, but the five-year trend […]
Mabry & McClelland, LLP is excited to welcome our latest Associate Attorney, Rachel Reed to the team. Rachel has several years of successfully tried jury cases under her belt. She brings her passion for civil litigation to our firm, with a concentration in defending premises liability and personal injury cases. She also practices within the […]
The insurer who provides a defense to an insured under a liability policy has certain rights to control the defense afforded under the policy. For the insurer, the right to control the litigation carries with it certain duties, including the duty not to prejudice the insured’s liability defenses and provide clarification regarding the coverage of […]
The vast majority of children love dogs, especially puppies! At the same time, owing to their innocence and lack of physical development, children, especially infants, are prone to dog attacks. In fact, annual data from 2016 shows that 42% (13) of the fatality victims of dog attacks were children ages 9 years and younger. Moreover, among […]
Although premises liability cases often do not lend themselves to summary judgment, firm associate Tracey Pruiett scored a recent victory when the Georgia Court of Appeals granted summary judgment in favor of a grocery store in a slip and fall case. Ingles Markets, Inc. v. Rhodes[1] involved a plaintiff who slipped and fell on grease […]