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GPS Fatal Distraction

GPS technology is one of the great conveniences of life in the 21st century. When it works right it enables us to find our way through unfamiliar areas with ease.
Other times it can lead us terribly astray.
But at all times we should follow the device directions by entering destination information while safely parked and use … Continue Reading

Parents of juvenile home invaders may be ordered to pay $60,000 of medical costs from home invasion shooting

Atlantans were shocked a couple of weeks ago by the story of a home invasion robbery attempt in which teenage males approached a young father on his front porch, forced their way into the house and shot the father twice. His wife fled out the back door with their six-month-old infant while the invaders fired shots … Continue Reading

Shigley Leads Section of American Association for Justice

Ken Shigley of Atlanta, who was president of the State Bar of Georgia in 2011-12, is now chair of the largest practice area section in the American Association for Justice (AAJ), the national organization of plaintiffs’ trial attorneys. Shigley took the helm of the Motor Vehicle Collision, Highway & Premises Liability Section of AAJ and … Continue Reading

New App Guards Against Texting and Driving

If you are the parent of a teenage driver, the idea of your “invulnerable” teen texting while driving may be among your greatest fears. Now “there’s an app for that.”

Although texting and driving is not illegal in all states yet, it certainly is a dangerous activity anywhere you go especially on touchscreen phones that require … Continue Reading

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

7 Tips for Lawyers Handling a Minors’ Personal Injury Settlement

Injuries to children are going to happen.  In fact, according to the CDC, injury treatment is the leading cause of medical spending for children equaling about $11.5 billion in the United States.  A serious injury to a minor child touches the heart more than a comparable injury to an adult.  Because young children lack the … Continue Reading

Legislature quickly overturns Supreme Court decision, barring assignment of legal malpractice claims

A few days ago, I wrote about a Georgia Supreme Court decision that left a lot of uncertainty about which legal malpractice claims could be assigned to people or companies other than clients.
Most states do not allow assignment of legal malpractice claims to others for substantial public policy reasons related to protection of the attorney-client … Continue Reading

Hearsay rule change in new Georgia Evidence Code

Most bright middle school students probably have a working knowledge of the concept of hearsay, simply as gossip.  “He said she said” does not mean the statement is true.
Hearsay as a legal rather than merely social concept is part of the law of evidence. The Georgia rule on hearsay will change on January 1st, when … 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