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When Can a Judge Deny Punitive Damages in a Truck Accident Trial and Dismiss the Case?

Posted in punitive damages on May 17, 2022

When Can a Judge Deny Punitive Damages in a Truck Accident Trial and Dismiss the Case? This case arises from a motor vehicle collision where a commercial truck driver for a trucking company was involved in a collision, and the victim asked the court for punitive damages. Background One night, while driving for the company,… read more

Act of G-d Defense in a Car Accident

Posted in Car Accidents,Georgia Court of Appeals on May 9, 2022

We see all sorts of defenses. Oftentimes at-fault drivers don’t want to take full responsibility when they clearly are at fault. In some instances, they are right. Part of our job as Atlanta personal injury lawyers Atlanta residents trust to garner full justice is to weed out the nonsense excuses from the real defenses. An… read more

Can a Plaintiff Offer Evidence of Past Accidents to Show Constructive Knowledge?

Posted in Georgia Supreme Court decisions on April 29, 2022

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 more

Which Insurance Policy Must Pay First in a Commercial Vehicle Accident?

Posted in truck accidents on April 25, 2022

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 more

No Duty If the Danger is Open and Obvious

Posted in Georgia Supreme Court decisions,Personal injury,waivers in Georgia on April 19, 2022

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 more

What Evidence is Required to Prove a Slip and Fall Action?

Posted in Georgia Court of Appeals,slip and fall on April 14, 2022

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 more

Can a Car Accident Video Posted to Facebook Be Used in Court?

Posted in Car Accidents,Georgia Court of Appeals on April 10, 2022

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 more

Essential Terms of an Offer and the Insurance Company’s Obligation to Comply With Those Terms

Posted in Car Accidents,expert testimony on March 28, 2022

When a victim’s lawyer makes an offer to an insurance company, the victim’s lawyer almost always includes terms as part of the offer. It is important for the insurance company to comply with the terms or else the lawyer can argue that the insurance company failed to abide by all of the terms and thereby… read more

How to Recover Attorney Fees in a Personal Injury Lawsuit Under OCGA Section 13-6-11

Posted in Georgia Supreme Court decisions,Insurance Policy on March 22, 2022

A Georgia court was asked to rule on litigation expenses in a personal injury action. The expenses of litigation typically aren’t allowed as part of the damages awarded to a plaintiff, but if a jury finds that the defendant acted in bad faith, it’s permitted. The jury should determine from the evidence the expense if… read more

Statutory-employment theory, and tractor accidents

Posted in truck accident on March 14, 2022

The question of who was responsible when a commercial truck was involved in an accident was recently heard before the Georgia Court of Appeals. After picking up a load of green peanuts from a farm to take to Golden Peanut’s drying facility in Camilla, a tractor-trailer made a left turn to head northbound onto a… read more