When Can I File Appeal in My Auto Accident Case? In a recent appeal, a Georgia motorist argued that the trial court erred in dismissing her case against an insurance
What Does “Claims against Counties” Mean in an Auto Accident with a County Vehicle?
What Does “Claims against Counties” Mean in an Auto Accident with a County Vehicle? The Georgia Supreme Court granted review to decide if official-capacity claims against a county sheriff for
What is “Reckless Disregard for Life or Property” in Negligence Claims?
Although product liability claims are typically subject to a 10-year statute of repose in Georgia, this deadline doesn’t apply to negligence claims “arising out of conduct which manifests a willful,
What is the “Special Circumstances” Exception to Respondeat Superior?
What’s the proper framework for assessing the issue of respondeat superior when an employee commits a tortious act while commuting to or from work or during a lunch break? A
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.
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.
How to Recover Attorney Fees in a Personal Injury Lawsuit Under OCGA Section 13-6-11
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
Can a Non-Party Join an Already Filed Case
Can you join in a lawsuit that is already under way? Not long ago, we discussed an earlier facet of this case, where a Georgia federal district court held that
Does a Truck Driver Have a Duty to a Person Who Jumps on His Trailer?
A federal court in Georgia examined whether the non-party truck driver had a duty to a plaintiff who ran after a semi and jumped onto the truck’s ICC bar. What
Georgia Supreme Court Clarifies Georgia’s Apportionment Statute
The Georgia Supreme Court handed down an opinion on Tuesday interpreting the state’s apportionment statute, OCGA § 51-12-33, holding that the plain language of the statute provides that damages assessed