An attorney’s opening and closing arguments during trial should not be confused for evidence. The attorney may attempt to persuade the jury on how to best interpret the evidence introduced at trial. But a jury is not supposed to substitute rhetoric for evidence. Recently, the Georgia Court of Appeals addressed…
What is the liability of a store owner for a potential tort committed by members of the public? The Georgia Court of Appeals recently addressed this question. The case involved a woman who claimed she was injured as the result of a collision with an unsupervised child. Ingles Markets, Inc.…
The Georgia Court of Appeals recently addressed the issue of a defendant’s potential liability in a traffic accident where an “intervening act” of a third party may have also contributed to the plaintiffs’ alleged injuries. Reversing a trial judge’s decision, the appeals court held a defendant who causes a traffic…
The Georgia Supreme Court recently dismissed a personal injury lawsuit brought by a woman who fell into a pothole in a parking lot. The woman sued the property owner for maintaining unsafe conditions in the parking lot. In this case, the property owner was Dalton State College, part of the…
It is always important in a personal injury case to present evidence in a timely manner. When one party files a motion or other pleading, the other party must file a response within a stated time limit. In particular, a plaintiff’s failure to meet any deadline may lead to dismissal…
Personal injury litigation is often complicated, but there are some simple rules that everyone should understand. For example, when a lawsuit enters pre-trial discovery, each party may serve written requests for admission on the opposing party or parties. Oftentimes, requests for admission simply help establish basic facts about a case—e.g.,…
While it always important for the victim of a car accident to receive compensation for medical care and other injuries, it is equally imperative to obtain such compensation in a legal and equitable manner. A car accident is not an excuse to commit fraud. The Atlanta-based U.S. 11th Circuit Court…
On September 12, the U.S. Eleventh Circuit Court of Appeals in Atlanta declined to revive a personal injury lawsuit brought by a woman whose daughter died in an automobile accident. The plaintiff was administrator of her daughter’s estate, and she brought a lawsuit against the manufacturer of her daughter’s car.…
High-speed police chases may look exciting on the local news, but they often have deadly consequences for innocent bystanders. In many cases, police and local officials are held blameless by the courts due to the doctrine of sovereign immunity. Recently, the Georgia Court of Appeals elaborated on the standards required…
On September 3, a federal appeals court asked the Georgia Supreme Court to clarify whether an insurance company must pay out “uninsured motorist” (UM) benefits for an accident caused by an agent of the State of Georgia. The question arose from a federal judge’s ruling last December holding an insurer liable under…