Georgia Supreme Court decisions
Does Georgia have negligent infliction of emotional distress?
In the Court of Appeals of Georgia A20A0429. GHALI et al. v. MILES et al. This appeal has many dramatic elements, but ultimately turns on the question of what level of control parents had over their 26 year-old son. Alcohol, a Gun, and a Lake The Plaintiffs were fishing on a lake by the Defendant… read moreRead More
Naming the insurance company or driver in an uninsured motorist claim in Georgia
In the Court of Appeals of Georgia A20A0342. BELL v. STATE FARM MUTUAL AUTOMOBILE INS. CO. The facts of this case raise some questions which, alas, the Court’s decision does not have to answer. Judah Bell (the Plaintiff) was in an automobile collision with James Brown. The accident occurred in Oakland, California. Bell filed an… read moreRead More
To determine borrowed servant status, a three pronged test is employed.
March 31, 2020 In the Court of Appeals of Georgia A19A2279. SPROWSON v. VILLALOBOS. This appeal involves the interplay of two bodies of law: employment and tort. Much of the interaction between these two types of law comes around to the responsibility that an employer has for its employees safety. Here, however, the connection centers… read moreRead More
An invitee must prove (1) that the owner had constructive knowledge of the hazard, and (2) that the invitee lacked knowledge of the hazard despite the exercise of ordinary care.
March 27, 2020 In the Court of Appeals of Georgia A20A0649. WILLIAMS INVESTMENT COMPANY v. GIRARDOT Slip and Fall in Georgia When people slip, they often fall, and equally often they are injured. However, showing that the party responsible for the place in which the slip and fall occurred failed in its duty to keep… read moreRead More
Was the Apartment the Wrong Place at Wrong Time the Management’s Fault?
A19A2267. STAR RESIDENTIAL, LLC et al. v. HERNANDEZ. Georgia Court of Appeals Decided March 16, 2020 Hernandez, the Appellee here, was shot from behind at the door of his apartment, an apartment under the management of the Appellant, Star Residential. The shooting was “an unprovoked attack and robbery” by two shooters and a getaway driver… read moreRead More
Can you sue your personal trainer?
Dutt v. Mannar and Company, LLC. (A19A2130) Court of Appeals of Georgia Decided March 13, 2020 Does a personal trainer have a duty to call 911 if, after a training session the trainee complains of chest pains? Whether or not the Plaintiff showed that that duty existed was the question on review on… read moreRead More
Poor Angry Dog Management Bites Defendant
Jones et al v. Beebe (A19A1982) Court of Appeals of Georgia decided February 18, 2020 Even in our modern time of Amazon Prime, dogs still bite mail carriers. Maybe the nearly cliche aspect of this scenario — so well known that it is a sitcom and comic strip trope — edged slightly in the minds… read moreRead More
Family or not… get it in writing.
Floyd v. Chapman (A19A2137) Court of Appeals of Georgia January 16, 2020 Disputes about land transfers often involve families and the failure of individuals to make clear what is being given exactly because it is family. It is unsurprising that when transferring a piece of property to a stranger, one exercises a high level of… read moreRead More
What harm does a person whose personal information was stolen have to show to proceed with a claim?
Collins et al v Athens Orthopedic Clinic, P.A. (S19G0007), Data breaches seem to occur on an almost daily basis, with hundreds, thousands, or millions of individual’s personal information becoming available for identity theft. In December 2019, the Georgia Supreme Court gave some definition to the landscape of data breach claims for potential plaintiffs in Georgia,… read moreRead More