Since its release earlier this month (July 2016) the Pokemon Go mobile app has generated trending news stories of player related injuries caused by distracted driving and walking. San Diego news channels reported that two men fell off a cliff … Read More
While these cases fact patterns are not typical liability or insurance defense cases, they demonstrate that the apportionment statute has been held to apply to a wide range of cases and situations and is the law in Georgia with respect … Read More
While a duty to defend claims of malicious prosecution may be subject to exclusion, special limits, or a combination of the two by virtue of the language of a particular insurance policy, it is often difficult to determine when the … Read More
A simple internet search will reveal numerous legal journals and web publications regarding the growing role social media plays in modern civil litigation for both plaintiffs and defendants in tort claims. Even a recent Georgia appellate decision recognized Facebook as … Read More
The Center for Disease Control reports that fall injuries are among the 20 most expensive medical conditions with average hospital costs of $35,000.00. The wide and innumerable factual scenarios presented in trip, slip and fall incidents have blurred the line … Read More
Following the recent new changes to the Federal Rules of Civil Procedure which took effect December 1, 2015, changes to the Georgia Civil Practice Act have been proposed as part of currently pending legislation, HB 1017. The changes are largely … Read More
In the recent case of Scully v. The Board of Regents of the University System of Georgia, 332 Ga. App. 873, 775 S.E.2d 230 (2015) (Cert. Denied) David C. Scully, a student at Georgia Tech, brought suit against the University … Read More
The Supreme Court of Georgia in the recent opinion Walker v. Tensor Mach. Ltd., No. S15Q1222, 2015 WL 7135149, (Ga. Nov. 16, 2015), continued to expand the apportionment law, this time to nonparty employers with immunity under the Workers’ Compensation … Read More
Pursuant to O.C.G.A. § 51-12-33, a jury may apportion a percentage of fault to any person or entity who contributed to the complainant’s alleged damages, regardless if the person or entity was a party to the litigation. It is, however, … Read More
Beginning December 1, 2015 several new changes to the Federal Rules of Civil Procedure take effect. This article will address the major changes, but there are also minor changes in the rules based upon these changes, most of which change … Read More