I am often asked by clients whether uninsured motorist carriers are entitled to a setoff for workers compensation and social security benefits in Georgia. The short answer is no.The Georgia Supreme Court has held that collateral benefits setoff provisions that … 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
Mabry & McClelland, LLP is proud to announce that Partner Walter McClelland has been voted a Georgia “Super Lawyer” by Super Lawyers® and Atlanta Magazine for significant professional achievement and peer recognition in his field. The “Super Lawyer” recognition is … Read More
In a case of first impression, the Georgia Court of Appeals recently addressed the potential grounds for parents to be held responsible for the online activities of their children. Boston et al. v. Athearn et al., A14A0971, 2014 WL 5068649 … Read More
Mabry & McClelland obtains summary judgment for client in premises liability case While issues of premises liability are generally not susceptible to summary judgment, Mabry & McClelland recently obtained summary judgment in favor of Ingles Markets, Inc. where a customer … Read More
In Ambling Management Co. v. Miller, 2014 WL 4958165 (Oct. 6, 2014, Ga.) the Georgia Supreme Court examined whether an apartment complex that employed an off-duty police officer to patrol the premises was vicariously liable for the actions of that … Read More
Senior Associate Molly O’Connor’s client First Baptist Church of Snellville was recently granted summary judgment in a trip and fall case where the Plaintiff, Eugenia Holden, tripped over a handicap curb while approaching the main entrance of the church for … Read More
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
The Court of Appeals recognized how the traditionally ministerial act of vehicle maintenance can become discretionary when the maintenance act at issue is neither standard nor routine. In City of Milledgeville v. Primus, 325 Ga. App. 553, 753 S.E.2d 146 … Read More
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