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Baseball has been called the great American pastime. We all love an occasional trip to Turner Field to watch the Braves, and nothing can compare with family outings to minor league baseball games in smaller cities. I have nothing but pleasant memories of the spring and summer afternoons and evenings rooting for my son in … Continue Reading
Often in trials involving catastrophic brain injury that renders the plaintiff so incompetent as to be unable to assist her lawyers at trial, the defense moves first to bifurcate the trial between liability and damages phases, and then to exclude the plaintiff from the courtroom during the liability phase.
The idea is to prevent the jury … Continue Reading
Occasionally we see claims that an accident and injury was caused, in whole or in part, by negligence in the design of a road, intersection or signage. In Georgia, there can be a claim against Georgia DOT if the road design did not conform to design standards when it was built. There may also be … Continue Reading
When a patron of a business is assaulted and injured by a criminal on the premises, there is sometimes a possibility of suing the business or property owner for negligent security.
When I have handled such cases, the usual drill has been to gather evidence of prior criminal assaults on the premises to prove that the … Continue Reading
Georgia law allows a plaintiff in a civil lawsuit one chance to dismiss without prejudice and refile. The renewal statute, OCGA § 9–2–61, allows a plaintiff who voluntarily dismisses a timely filed suit to file suit within six months, regardless of whether the statute of limitations has run.
However, a case decided by the Georgia Court … Continue Reading
In the past 10 days this plaintiffs’ trial lawyer, in the capacity of State Bar of Georgia president, has co-presided over a joint meeting of the State Bar Executive Committee and the Georgia Supreme Court, had a joint press conference with the Attorney General of Georgia and spoke at a lunch meeting that included general … Continue Reading
Today the Supreme Court of Georgia held, in a 4-3 decision, that notwithstanding a moral obligation to do so, a motel manager has no legal duty to investigate the health of a guest on the request of a family member.
In the case of RASNICK v. KRISHNA HOSPITALITY, INC., a 77 year old man from Texas … Continue Reading
The Georgia Supreme Court issued a landmark decision today, in FLORES et al. v. EXPREZIT! STORES, holding that a convenience store that sold a 12 pack of beer to a visibly intoxicated customer could be accountable for the injuries and deaths that resulted.
The Georgia dram shop statute, OCGA § 51-1-40, provides:
(a) The General Assembly finds … Continue Reading
Douglas County, Georgia, where I graduated from high school and returned for a few years as a young lawyer, is known as a very conservative venue. However, Douglas Countians do not lack the ability to do the right thing when the facts call for it.
Today’s news includes a report that the State Court of Douglas … Continue Reading
In personal injury law practice in Atlanta, Georgia, we often deal with treating doctors who don’t want to bother with testifying for their seriously injured patients, and with a small number of doctors who make a good living by consistently testifying for the defense almost without regard to the facts.
Of course, most treating physicians are … Continue Reading