Monthly Archives: May 2005

Two truckers charged in chain reaction collisions on I-16 near Savannah

5/23/05, Pooler, GA – Two tractor trailer drivers have been charged in connection with a series of wrecks on I-16 near I-95 last week that snarled traffic for hours. Nineteen vehicles were involved in seven crashes, injuring seven people, in a one-mile section of road within less than an hour on May 17. One truck … Continue Reading

Tractor trailer overturns & burns, shuts down I-75 at rush hour

Truck wreck
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Motor vehicle reorganization misguided, wasteful

Dismantling DMVS increases road safety concerns.
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Study shows “tort tax” is an insurance industry fabrication

Data cited by tort “reformers” wildly biased and exaggerated.
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“Tort reform” not high priority for most small business owners

2/3 of business owners rarely consider litigation costs in decision making.
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The frivolous economic arguments for “tort reform”

Lack of evidence that tort system inflates consumer costs.
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Burning truck driver leaps to river from I-495 bridge

Near Boston on 5/12/05, a burning truck driver was forced to leap 60 feet into the water below after his tractor-trailer truck smashed through the guardrail of an Interstate 495 bridge over the Merrimack River, causing the truck to explode into flames. State police said the driver managed to swim to an island in the … Continue Reading

Offer of Judgment rule may be substantive, for prospective application only, even though SB3 says otherwise

Senate Bill 3 says that the offer of judgment rule should apply to pending cases. However, a Florida case found that similar “loser pays” rule was substantive rather than merely procedural. See Timmons v. Combs, 608 So.2d 1 (Fla.1992) If followed in Georgia, that would exclude retroactive application in cases arising before … Continue Reading

Retroactive application of new expert rules unconstitutional

Daubert may not apply in pending cases where parties already invested in experts under old rules.
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Georgia enactment of Daubert may be unconstitutional

Widely different expert witness rules for three classes of cases raise equal protection & due process questions.
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