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Atlanta Injury Attorney Blog

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Uninsured Motorist CLE Presentation

Uninsured and Underinsured Motorist Insurance LawsUninsured/ Underinsured Motorist Insurance www.SIMON.law cms@simon.law Materials Available Later Today at www.Simon.law under Legal Resources Section What is UM Insurance? UM insurance is insurance against the lack of insurance. How to Find and Stack Policies? Who insures the car your client was in? Is your…

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Supreme Court of Georgia Rules on Novel Medical Negligence Defense

In 2007, the Georgia legislature adapted existing state laws concerning powers of attorney and living wills and adopted the Advance Directive Act. This Act streamlined existing state laws to make it simpler for a citizen to declare preferences for medical treatment and appoint someone to make medical decisions on his or her…

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Court Reverses Dismissal of Auto Accident Case Against Georgia Forestry Commission

In many of the rural parts of our state, it’s not uncommon for property owners to burn vegetation or other materials on their property. Although these burnings are regulated and are typically performed without incident, they do pose some hazards. Indeed, in a recent decision, Grant v. Georgia Forestry Comm.,…

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Are Georgia Parks immune from Lawsuits When they don’t charge Admission?

Situated just outside Atlanta, Stone Mountain Park serves as a venue for many important Metro Atlanta outdoor events. Although most are characterized only by revelry, not all go off without incident. Indeed, one such unfortunate event was at the heart of a recent decision from the Georgia Court of Appeals, Stone…

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Sudden Emergency Defense in Georgia Railroad Crash Decision

When confronted with emergencies, even the most sensible people often fail to act with the reasonableness they would display in calmer circumstances. Given that the key inquiry in ascertaining negligence liability is whether one’s conduct was reasonable under the circumstances, it follows that the existence of an emergency should factor…

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Supreme Court of Georgia Clarifies Damages Recoverable for Death of a Pet

In an earlier post, we looked at an intriguing Court of Appeals decision in which the Court ruled that when a dog had a non-existent or nominal fair market value, the damages recoverable for the negligent death of a pet were limited to the actual value of the pet, which included economic…

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Georgia Federal Court Compels Discovery and Imposes Sanctions in Wrongful Death Case

Courts in America are generally known for their broad discovery rules. Indeed, litigants in American courts, both state and federal, have access to a far wider scope of information than their peers in foreign legal systems. Notwithstanding the expansive breadth of American discovery rules, courts play little role in the exchange of…

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Restaurants that Donate Food are Immune From Lawsuits for Spoiled Food

By Special Correspondent, Julia Simon In Atlanta and many other cities there are confusing guidelines for leftover food donation that  often cause hunger, waste, and anger among restaurateurs and the homeless. According to UNEP (The United Nations Environment Programme) about 20 pounds of food per person, per month is wasted…

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Georgia Court of Appeals Splits on City’s Possible Liability for Minor’s Suicide

Dealing with the suicide of a loved one is always a tremendously difficult task. Unfortunately for some, this pain and grief can, in certain circumstances, be exacerbated by an indication that the acts of another party motivated the suicide. Although the conduct of others can clearly contribute to someone’s decision…

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