Catastrophic Injury & Wrongful Death Archives - Page 2 of 3

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

September 15, 2015 by M-M Admin

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

September 4, 2015 by M-M Admin

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

June 3, 2015 by M-M Admin

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

April 13, 2015 by M-M Admin

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

March 30, 2015 by M-M Admin

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Motor Vehicle Accidents

Case Law Update: Court Of Appeals Finds No Viable Nuisance Claim Against The City Of Atlanta In High Speed Pursuit Case

October 31, 2014 by M-M Admin

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Common Carrier Liability | Motor Vehicle Accidents

Case Law Update: Company Vehicles and Employer Liability

October 6, 2014 by M-M Admin

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

Case Law Updates | Catastrophic Injury & Wrongful Death | Construction | Premises Liability

Case Law Update: Court of Appeals Clarifies When Summary Judgment is Appropriate for Premises Owners With Respect to Constructive Knowledge When a Licensee is Injured

August 29, 2014 by M-M Admin

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 … Read More

Using Industry Standards In Daubert Challenges: Context Matters

August 15, 2014 by M-M Admin

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 … Read More

Case Law Update: Court of Appeals Denies Defendant’s Attempt to Apportion Responsibility to Plaintiff’s Employer Finding a Lack of Causal Connection

August 4, 2014 by M-M Admin

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 … Read More

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