Georgia Court of Appeals

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

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

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

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

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

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

Georgia Wrongful Death Case Dismissed Against Truck Company Because Deadline Expired

What follows in this article demonstrates why having a knowledgeable Atlanta truck accident lawyer on your side can really make the difference between winning and losing. Debra Baldwin appealed the dismissal of her renewal action against a truck driver and his employer, a freight shipping and trucking company running freight hauling business from Georgia (“the… read more

Insurance for condos and water damage

In a case likely to resonate across the Georgia Condo world, the Court of Appeals reversed a summary judgment for a condo owner, and found that Condo law does not require an association “to obtain insurance related to water damage or water perils.” Drips Mainor, the Plaintiff, sued his condominium association for breach of contract… read more

Is a loft bed an “open and obvious condition”?

August 17, 2020 In the Court of Appeals of Georgia A20A1036. VALDOSTA STATE UNIVERSITY, et al. v. DAVIS. College is a time when many kids first encounter the responsibilities of adulthood. As this case shows, this is not always as easy as falling out of a bed. I’ll take the top bunk Davis, the Defendant,… read more

Is it for the jury, or the court, to determine whether or not a plaintiff had “equal knowledge” of a hazard?

July 31, 2020 In the Court of Appeals of Georgia A20A0903. ALLEN v. ABM AVIATION, INC. Is it for the jury, or the court, to determine whether or not a plaintiff had “equal knowledge” of a hazard, and whether or not the Defendant took proper care to warn of a danger on its property in… read more