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Marietta Injury Lawyer Blog

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Can a Jury Rule for a Plaintiff but Award Zero Damages?

In civil cases, such as personal injury or wrongful death lawsuits, a jury must determine the defendant’s liability and what damages, if any, are owed the plaintiff. Juries must reach a unanimous verdict on both issues. And while unanimity may require a certain level of bargaining among jurors, there are…

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Will General Motors Be Held Accountable for Selling Defective Vehicles?

General Motors recently issued a sweeping recall for a more than 2.5 million vehicles sold between 2005 and 2011. The recall includes the Chevrolet Cobalt, Pontiac G5, Saturn Ion, Chevrolet HHR, Pontiac Solstice and Saturn Sky models. According to GM, the vehicles have a defective ignition switch that affects the…

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Georgia Appeals Court Chides Trial Judge for Siding with Physician in Malpractice Case

Medical malpractice occurs when a physician fails to observe a commonly accepted “standard of care” and that failure is the “proximate cause” of a subsequent injury sustained by the patient. The question of causation is normally decided by a jury. If a plaintiff fails to provide any evidence of either…

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Georgia Appeals Court Absolves Hotel Chain of Liability in Bathtub Accident

Most hotels and motels are affiliated with a national brand such as Hilton or Marriott. This means that individual hotels are owned and operated locally but comply with certain standards imposed by the national brand. Recently, the Georgia Court of Appeals considered the issue of whether a national brand could…

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Georgia Appeals Court Reinstates “Phantom Driver” Lawsuit

What happens when you get in an automobile accident where the other driver is never identified? If you have uninsured motorist coverage, your insurer should cover the damages. Georgia law defines a vehicle as uninsured when “the owner or operator of the motor vehicle is unknown.” But there must be…

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Georgia Appeals Court Dismisses Lawsuit Against State University Over Notice Requirement

Process matters when bringing a personal injury lawsuit. This goes double when the defendant is a state government agency. The Georgia Tort Claims Act (GTCA) governs personal injury lawsuits against the state for torts committed by its employees. Normally any government enjoys “sovereign immunity” from lawsuits in its own courts.…

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Florida Supreme Court Sides With Malpractice Victims Over Insurance Companies

Insurance companies have pressured a number of states to impose limits on “non-economic” damages a plaintiff may recover in a medical malpractice or wrongful death lawsuit. Non-economic damages include losses to individuals, such as pain and suffering, mental anguish and loss of one’s ability to enjoy life. The insurance industry…

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Georgia Appeals Court Rules Out Punitive Damages in Disputed Traffic Accident

In personal injury or other tort cases, punitive damages are designed not to compensate the victim, but to “penalize, punish or deter” the wrongdoer. Georgia’s punitive damages law requires a plaintiff prove the defendant’s “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care that would raise the…

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Georgia Supreme Court Says ER Malpractice Case Can Go to Trial

Under Georgia law, a hospital emergency room is not liable for medical malpractice unless there is “clear and convincing evidence that the physician or health care provider’s actions showed gross negligence.” The Georgia Supreme Court recently opined on the scope of what may constitute “gross negligence.” The justices, concurring with…

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How Bankruptcy Can Affect a Personal Injury Lawsuit

A federal judge in Atlanta recently granted summary judgment to the defendant in a personal injury lawsuit. The case is notable because the judge never reached the merits of the plaintiff’s arguments, but rather dismissed the case because she lacked standing to bring the suit in the first place. The…

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