Georgia Court of Appeals

Act of G-d Defense in a Car Accident

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

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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 more

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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 more

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How Does Georgia’s Impact Rule Work in Personal Injury Cases?

How Does Georgia’s Impact Rule Work in Personal Injury Cases? The recovery for emotional distress following a physical injury caused by another person’s negligence in Georgia is limited to compensation for any mental suffering or emotional distress the plaintiff incurred as a consequence of the plaintiff’s physical injuries. There are three elements to the Georgia… read more

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Can a Victim Get Special Damages in a Georgia Auto Accident?

Can a Victim Get Special Damages in a Georgia Auto Accident? A trucking company filed a lawsuit against Jacqueline Duckworth, alleging that she rear-ended one of its vehicles. Duckworth filed a motion for summary judgment, claiming that the trucking company failed to present evidence of its special damages. The trial court agreed and granted summary… read more

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Question of Fact for the Jury to Decide: Expert and all

Does It Matter if a Pedestrian was Walking in the Road or on the Side when He’s Hit by a Vehicle? Jess Spires sued Raven Thomas for injuries he sustained when he was struck by Thomas’ vehicle. According to Thomas, she was traveling north on a straight part of State Road 87 when she hit… read more

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Spoliation: What Happens if a Truck Company Erases a Driver’s Tracking Data After an Accident?

What Happens if a Truck Company Erases a Driver’s Tracking Data After an Accident? “Spoliation” refers to the destruction or failure to preserve evidence that’s necessary to a possible or pending lawsuit. If a court determines that spoliation has occurred, the judge can impose a penalty on that party. After a truck accident, your personal… read more

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A Semi Driver Sues a Trucking Company, But Will He Succeed When He Was Potentially Also at Fault?

A lot of personal injury lawyers in Georgia hold themselves out as “trucking lawyers”. But what separates the trucking lawyers from the self-proclaimed ones is their depth of knowledge and experience in helping truck accident victims. A recent Georgia case arose from a big rig collision that injured a man working as a jockey truck… read more

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How Does a Georgia Accident Victim Show a Truck Company’s Negligent Hiring, Qualifying, Retaining, Supervising, and Entrusting of a Truck Driver

A number of actions arose from a motor vehicle accident that happened on Interstate 95 in November 2017. That evening, Jennifer Correll (Mrs. Correll) was driving a 2006 Dodge Ram pickup south on I-95 through Glynn County. Jennifer’s mother, Nancy Tuk (Mrs. Tuk), was in the front passenger seat, and her daughters (Courtney and Caitlyn)… read more

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Does Driving a Truck for Repair Purposes Constitute “Business Use”?

Does Driving a Truck for Repair Purposes Constitute “Business Use”?  Having an experienced personal injury lawyer Atlanta residents choose time and time again is critical to answering this and other accident cases. American Southern Insurance Company (“the Insurance Company”) asked a district court for declaratory judgment seeking a determination as to whether it was responsible… read more

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