Cerebral palsy is a chronic, incurable condition that impairs a person’s motor functions. Most cases of cerebral palsy arise from a brain injury sustained before, during or shortly after a child’s birth. While cerebral palsy is usually not life-threatening, it is a permanent condition that affects the child for his…
Sometimes there’s a deadly automobile accident where neither driver is legally at fault. The Georgia Court of Appeals recently made just such a finding with regards to a June 2010 highway accident just outside of Albany. While a trial judge thought there were issues for a jury to sort out,…
An off-duty police officer providing security for an apartment building shoots an unarmed man who was simply delivering some medication to a disabled relative. Is the apartment building owner liable? Maybe, according to a recent decision by a divided Georgia Court of Appeals. The victim in this case visited his…
Insurance policies, such as those insuring commercial properties, usually contain a subrogation clause. In this context, subrogation means that when the insured suffers losses as the result of a third party’s conduct, the insurance company assumes the right to sue that third party for damages. Having paid the insured person’s…
What constitutes a binding settlement in a personal injury matter? The Georgia Court of Appeals recently addressed this question in a case arising from a 2010 motor vehicle accident. The parties disagreed as to whether their settlement talks produced an enforceable agreement. The accident in question seriously injured one man,…
Although personal injury is generally regulated by state law, federal courts often hear such cases because of what’s known as diversity jurisdiction. That is to say, when the plaintiff and defendant are citizens of different states, the defendant may seek to transfer–or remove–the case from state to federal court. Diversity…
CooperVision Inc. announced this week they are expanding a recall first issued in August and are recalling more than five million contact lenses. The contacts were sold under the brand name Avaira, and are being recalled because they may be tainted with silicone oil residue that could result in blurred…
Joplin, Missouri was destroyed by an EF-5 tornado in late May of this year. The storm resulted in at least 160 deaths and more than 900 injuries in the small town. One of those injured was Mark Lindquist, a social worker who risked his life in an effort to save…
The Georgia Supreme Court has agreed to hear a case that tests the extent to which property owners are responsible for others injured by animals on their property. The Homeowners Association of The Landings, a subdivision on Skidaway Island, just outside of Savannah, GA, is being sued in relation to…
As a Georgia products liability lawyer and father of three I’m always interested in safety recalls with child safety implications. Hundreds of thousands of the popular B.O.B. jogging strollers are being recalled because of a choking concern. The U.S. Consumer Product Safety Commission made the announcement this week of the…