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Water, Water…Everywhere: Insurance Policy Language Regarding Floods or Water Run Off Requires A Close Look

What may come as a surprise to some homeowners is that a standard homeowner’s insurance policy does not cover damage caused by flooding.  The basic homeowners’ policy supports a home’s structure; personal possessions, such as furniture, clothes, electronics, etc.; certain … Read More

Spoliation after Phillips v. Harmon – Constructive Knowledge of Contemplated Litigation Sufficient to Trigger Duty to Preserve?

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

Case Law Update: The Georgia Court of Appeals Affirms the Trial Court Allowing Jury to Touch Plaintiff as Part of Evidence

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

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

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

Case Law Update: Georgia Supreme Court Attempts To Clarify Apportionment Statute

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

Case Law Update: Supreme Court Reaffirms Grounds For Recovery In Emotional Distress Claims

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

Case Law Update: Georgia Court Of Appeals Addresses Issues With Substituted Service Upon The Secretary Of State

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 … Read More

Changing The Way We Evaluate Pain And Suffering

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

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