Injury Law

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Cracking Down on Distracted Driving

We have all seen drivers distracted by their electronic devices behind the wheel. The Federal Motor Carrier Safety Regulations now forbid interstate truck drivers from texting or talking on a hand held cell phone while driving. But recently we were hired in a multiple fatality crash on a Georgia interstate highway in which the truck … Continue Reading

NHTSA Smart Key Compliance

Keyless ignitions, introduced in the late 1990’s, were intended to offer drivers convenience. Instead, they have disrupted a well-established set of driver behaviors and expectations, and introduced rollaway and carbon monoxide poisoning hazards that have resulted in injuries and death. Since 2010, there have been eight publically acknowledged deaths and two serious injuries from carbon … Continue Reading

What does a “state of emergency” mean in Georgia law?

For the second time in three weeks, the Governor has declared a “state of emergency” due to winter storms. The second, related to prediction of an impending major ice storm, looks more significant than the first. If predictions of power outages are accurate, you may have to read this on your phone or iPad that … Continue Reading

12 exciting advances in bionic limbs for amputees

Amputees in the 21st century have come a long way from the image of the peg leg pirate and the dull, heavy prosthetic leg of even a few years ago.  Increasingly, technological advances in prosthetic replacements for amputated arms, legs, feet and hands promise to exceed the Bionic Woman and Six Million Dollar Man TV … Continue Reading

Georgia cracks down on boating under the influence

Georgia cracks down on boating under the influence
Every summer thousands of metro Atlanta residents take to the surrounding lakes in boats. And every summer we see fresh cases of boating accidents, often collisions between watercraft in which someone is drinking alcohol, often at night, killing or injuring people involved. Boating under the influence is a … Continue Reading

What is the time limit to make a claim for injury or death against a city government in Georgia?

“You snooze, you lose.” The time limit to file a lawsuit in court for personal injury or wrongful death in Georgia is two years. But the time to present a notice of claim to a city government when one is hurt or killed by a municipal government’s negligence or public nuisance — whether due to … Continue Reading

GA Court of Appeals cracks open door to evidence of amount of settlements for prior accidents

Georgia law on the trial of personal injury cases has for most of my career provided for exclusion of evidence of settlements of claims arising from prior injuries. Now the Court of Appeals has cracked open the door to evidence that in the past has been excluded.
In the case of Goforth v. Wigley, 178 Ga. … Continue Reading

Does Georgia really need more than five “loser pays” rules?

Do advocates of more “loser pays” rules offer a solution in search of a problem?
Are people unaware of the “loser pays” sanctions that are already part of Georgia law?
As discussed in previous posts, Georgia already has five statutory “loser pays” rules, four of which passed in tort reform legislation during the time I have been … Continue Reading

Georgia “loser pays” rule # 5 – bad faith, stubborn litigiousness, undue trouble and expense

Brig. Gen. Thomas R. R. Cobb, father of Georgia’s first “loser pays” statute”
The oldest of the five “loser pays” rules in existing Georgia law has been in effect for nearly 150 years, having first appeared in the Code of 1863.
That Code was largely the work product of Thomas R. R. Cobb, son-in-law of Chief Justice … Continue Reading

Traumatic brain injury prevalent among prisoners

In the past week I’ve run across an unexpected convergence between my roles as a trial lawyer handling brain injury cases and as president-elect of the State Bar of Georgia.
Last Friday, I attended a program on criminal justice reform at the American Bar Association office in Washington, along with state government representatives. Among the dizzying … Continue Reading