Georgia Supreme Court decisions
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 a “shotgun” pleading violates the Federal Rules of Civil Procedure and doesn’t have enough clarity to provide the other side with fair notice of the… read moreRead More
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 is an ICC Bar? This is the reflector-taped metal bar hanging down on the end of a tractor-trailer. It’s also known as a “Mansfield bar.”… read moreRead More
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 against a defendant may be reduced according to the percentages of fault allocated to all who contributed to the alleged injury or damages, including nonparties…. read moreRead 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 moreRead More
Can an Insurance Company Be Liable for Negligence under the Good Samaritan Doctrine in a Truck Accident?
In October 2008, James Maier was driving north on I-95 near Savannah when car problems forced him to pull off to the side of the road. He was standing in the emergency lane next to his car when a semi hit and killed him. The truck was driven by Faustino Jimenez, an employee of a… read moreRead 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 moreRead More
Can You Get Punitive Damages in a Tractor-Trailer Accident?
A federal district court in Georgia recently ruled that an accident victim’s claim for punitive damages under state law could proceed. The lawsuit stemmed from an accident in which a tractor-trailer rear-ended Plaintiffs Willie Moore and Martha Moore’s vehicle on Interstate 20 in McDuffie County, resulting in a violent collision. The Victim’s Allegations The Moore’s… read moreRead More
Georgia Supreme Court Says Respondeat Superior Rule Repealed by State’s Apportionment Statute
Georgia Supreme Court Says Respondeat Superior Rule Repealed by State’s Apportionment Statute In a November 2nd wrongful death decision, the Georgia Supreme Court reversed a ruling for the employer of a truck driver who hit and killed a victim on claims of negligent entrustment, hiring, training, and supervision. The victim was struck and killed by… read moreRead More
What is the Respondeat Superior Doctrine?
An experienced Atlanta truck accident lawyer at Tobin Injury Law will tell you that a trucking company may be held responsible for an accident involving one of its semi drivers. This is due to the a legal doctrine called Respondeat Superior Doctrine. To learn more about this theory of recovery, read below about a recent… read moreRead More
Do the Federal Motor Carrier Rules Apply to Shippers Who Hire Independent Contractors?
Do the Federal Motor Carrier Rules Apply to Shippers Who Hire Independent Contractors? That was the question in a recent Georgia court case. In 2015, Christopher Hinson was driving a Southern Oil tanker truck when he collided with a car traveling at 79 mph. Three people in the car were killed. Hinson was an employee… read moreRead More