Recently, the Supreme Court of Georgia issued an opinion in a drunk driving accident which addressed some confusion over what the term “active tortfeasor ” means and whether not only the drunk driver can be liable for punitive damages, but also whether the guy that gave the keys to a…
The sad reality is there are over a thousand people killed every year in Georgia accidents but not all of them should be lawsuits. This is the woeful tale of a dimwit attorney filing a lawsuit on behalf of a motorcyclist who was clearly hauling way to fast down the…
Determining liability in a Georgia car accident may seem to be a straightforward endeavor, and in some situations, that may be the case. However, when an accident involves multiple vehicles, establishing which parties are at fault and which parties are entitled to recover for their injuries can be a bit…
Recently, a state appellate court issued a written opinion in a Georgia car accident lawsuit filed by an injured motorist against his own insurance policy, under the policy’s uninsured-motorist clause. The case required the court to determine if the insurance company was proper in refusing to accept the plaintiff’s claim,…
In most circumstances, you cannot sue the actual owners of a corporation personally for the liabilities of the corporation. This is one of the key reasons that people use companies to insulate themselves from personal liability. Sometimes the company itself can be underfunded and the actual owner, very well off.…
Although state courts most often serve as the venue for negligence cases, there are certain occasions when a negligence claim may be heard in a federal court. Among these subclasses of state law negligence cases that may be heard in federal courts are those involving “diverse” parties. When all parties are…
Lawsuits against the government, either state or federal, often come with a variety of specialized procedural hurdles. In Georgia, among these particular requirements that catch hapless litigants by surprise are the many special notice requirements that preclude a litigant from bringing suit against a state entity unless he or she…
Obtaining recovery for physical injuries or property damage resulting from a car accident is often not a straightforward endeavor. Indeed, many drivers involved in car accidents expect to deal with some amount of insurance wrangling or, in more complex situations, litigation. However, as the plaintiff in a recent case before…
Under Georgia law, a defendant’s admission of liability may be presented as evidence in a negligence case. Admissions of liability can have considerable influence on juries, so determinations regarding which evidence may properly be considered an admission are often hotly contested. Although trial courts have considerable discretion in making such evidentiary…
In an unfortunate example of a Court of Appeals panel totally ignoring a jury, the Court threw out a $1.6 million dollar verdict. The Judges opined that the jury was flat out wrong and considered the evidence incorrectly. Keeping a jury verdict when there is an Appellate bench willing to…