Georgia Supreme Court decisions
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Georgia Supreme Court Says Respondeat Superior Rule Repealed by State’s Apportionment Statute
Georgia Supreme Court Says Respondeat Superior Rule Repealed by State’s Apportionment Statute In a November 2nd wrongful death decision, the Georgia Supreme Court reversed a ruling for the employer of a truck driver who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
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