In any personal injury lawsuit, it is critical the parties to the case preserve any relevant evidence. A court may sanction either side if there is destruction or “spoliation” of evidence. A recent decision by a federal judge in Macon offers an example of these sanctions in practice. Little v.…
Expert testimony is a critical element of medical negligence cases. The United States Supreme Court has charged trial judges with serving as “gatekeepers” who must screen out “speculative, unreliable expert testimony” before it even reaches a jury. But that does not mean judges enjoy unlimited discretion to decide which experts…
On July 16, a fractured Georgia Court of Appeals held a plaintiff could seek damages for emotional distress arising from a truck accident. Although Georgia law generally does not allow damages for “negligent infliction of emotional distress,” there is an exception for a “pecuniary loss” arising from physical injury. In…
The Supreme Court of Georgia issued an important decision on July 11 that will make it easier for accident victims to pursue uninsured motorist claims against their insurance carriers. The Supreme Court, reversing a 2013 decision by the Georgia Court of Appeals, said a plaintiff could allocate part of a…
If you are in an accident, and you sue the other driver for negligence, can the other driver turn around and argue your employer—who is not a party to the lawsuit—was partially to blame for letting you drive its car? That was the unusual question presented to the Georgia Court…
Under Georgia law, the owner of a premises is liable for any injuries arising from a failure to “exercise ordinary care” in keeping said premises safe. A recent decision from the Georgia Court of Appeals illustrates how this duty is applied in “slip-and-fall” cases where there is an alleged hazard…
On July 10, the Georgia Court of Appeals ruled a lawsuit against the state’s Department of Transportation (DOT) could go forward. The lawsuit arose from a deadly accident at a recently redesigned road in Atlanta. The DOT argued it could not be held liable under the doctrine of “sovereign immunity,”…
Under Georgia law, an emergency room doctor (or other emergency health care provider) is not liable for malpractice unless there is “clear and convincing evidence” of “gross negligence.” This rule only applies when a patient is treated in “an emergency department” or taken to surgery from an emergency department. But…
Georgia law declares “communications between [a] psychiatrist and patient” privileged and therefore excluded as evidence in a civil proceeding. But what happens when the patient is deceased and his heirs have reason to believe the psychiatrist may be responsible? A divided Georgia Supreme Court recently addressed that question. Cooksey v.…
Not all motor vehicle accidents involve cars or trucks. Even the misuse of something like a golf cart may give rise to a personal injury lawsuit. And as with any accident litigation, the roles and responsibilities of the insurance companies may prove critical. Golf Cart Accident For example, the Georgia…