Can a Plaintiff Offer Evidence of Past Accidents to Show Constructive Knowledge?
The issue of constructive knowledge was at the core of a lawsuit heard by the Eleventh Circuit Court of Appeals. “Actual notice’ is defined as notice expressly and actually given. In contrast, “constructive notice” is defined as information or knowledge of a fact attributed by law to a person (although he may not actually have… read moreRead More
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident?
Which Insurance Policy Must Pay First in a Commercial Vehicle Accident? Insurance companies don’t like to pay on claims. Why would they? If they can take the premiums, deny the claims, and then keep the money, they’re profitable. Sometimes, if they have to pay the claim, they try and get other carriers to pay before… read moreRead More
No Duty If the Danger is Open and Obvious
What is Georgia’s “Open and Obvious Danger” Rule? A plaintiff filed a lawsuit after an incident while he was injured while changing the tire of his family’s 2006 Dodge Caravan. There were several motions pending before the Court, including the defendant Fiat Chrysler Automobiles’ (FCA) Motion for Summary Judgment (dismissal). This issue involved Georgia’s “open… read moreRead More
What Evidence is Required to Prove a Slip and Fall Action?
What follows below is an analysis of a slip and fall. Procedurally, the skating club filed a motion for summary judgment, which the trial court granted. On appeal, the plaintiff argued that the trial court erred by granting that motion. Below is the analysis. Background On the date of her fall, the plaintiff was at… read moreRead More
Can a Car Accident Video Posted to Facebook Be Used in Court?
The Georgia Court of Appeals recently heard the appeal of a convicted an automobile driver of two counts of homicide by vehicle in the first degree and one count each of reckless driving, failure to exercise due care, and failure to stop at a stop sign. The defendant filed a motion for a new trial,… read moreRead More