What Does It Take to Enforce a Settlement Agreement? A Georgia driver filed a personal injury lawsuit against another auto driver, seeking damages for personal injuries he sustained when the
O.C.G.A. § 9-11-4 makes clear that the filing of proof of service isn’t part of service itself
A Georgia driver appealed the trial court’s order granting the defendant’s “motion to dismiss for failure to perfect service” and dismissing the complaint with prejudice. The question was not whether
Annoying Allstate At It Again
Can an Accident Victim Get Attorney’s Fees from a Party Not Named in the Lawsuit? In this auto accident case, the plaintiffs submitted offers of settlement to Allstate Insurance, their
Can a witness testify how fast he thinks a vehicle was traveling
Can a Homeowner Testify that an Ambulance was Speeding When it Hits a Lawnmower Crossing the Road? An accident victim recently appealed a trial court’s order granting summary judgment to
Insurance Policy Exclusion
What’s a Policy Exclusion in an Insurance Contract? A recent appeal concerned the applicability of an exclusion in an automobile liability policy. An exclusion is a clause in an insurance
What is the “Baseball Rule”?
What is the “Baseball Rule” in Injury Cases? In a personal injury action, a plaintiff sued the Atlanta Braves and one of its players (the “defendants”) after the plaintiff was
How Specific are the Dollar Amount Requirements in an Ante Litem Notice?
How Specific are the Dollar Amount Requirements in an Ante Litem Notice? This case involves an automobile collision involving a City of Atlanta employee in which the plaintiff was injured
Georgia’s “Eggshell Plaintiff Rule”
What’s the “Eggshell Plaintiff Rule”? A plaintiff appealed from the trial court’s denial of his motion for new trial following a judgment in an action involving a vehicle collision. The
Georgia Recreational Property Act (“the RPA”)
In a trip and fall action brought by a tourist against the City of Savannah, the City contended that, inter alia, the trial court erred by holding the Georgia Recreational
The Judge as the “Thirteenth Juror”
Who is the “Thirteenth Juror”? A panel of the Georgia Court of Appeals recently held that the trial court explicitly stated it would not reweigh evidence or judge credibility, and