Georgia Supreme Court decisions

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. In contrast, “constructive notice” is defined as information or knowledge of a fact attributed by law to a person (although he may not actually have… read more

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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. There were several motions pending before the Court, including the defendant Fiat Chrysler Automobiles’ (FCA) Motion for Summary Judgment (dismissal). This issue involved Georgia’s “open… read more

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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 plaintiff, but if a jury finds that the defendant acted in bad faith, it’s permitted. The jury should determine from the evidence the expense if… read more

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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 more

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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 more

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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 more

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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

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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 more

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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

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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 more

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