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12 things you should know in case of a car wreck

Chances are you or a member of your family will be involved in a car wreck someday. When it happens, you need to know what to do in the event of an auto accident. Print this out and keep it in your glove compartment to refer to if you are involved in a motor vehicle … 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

Gov. Deal forming teen drivers advisory panel

Governor Nathan Deal is forming a Governor’s Commission on Teen Driving, to be comprised of at least 15 members between the ages of 15 and 19.
Supervised by the Governor’s Office of Highway Safety, this commission will prepare reports to the governor outlining ideas for a statewide strategy to educate teen drivers on hazards such as … 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

Georgia’s “loser pays” rule # 4 – tort claim for abusive litigation

Before rushing into legislation to create yet another “loser pays” rule in Georgia law, it is useful to examine the five forms of “loser pays” rules we already have. I wrote earlier about OCGA 9-11-68 (offer of judgment / offer of settlement rule and frivolous claims and defenses rule) and OCGA 9-11-14 (no justiciable … Continue Reading

A trap door in Georgia renewal actions for uninsured motorist insurance coverage

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

Herniated cervical disc injuries

© MediVisuals Inc., www.MediVisuals.com
A herniated cervical disc may result from any motor vehicle accident, including an automobile or car wreck or a truck, tractor trailer, semi or big rig accident. It is one of the injuries we see most often see as personal injury law practice.
The spine is a stack of bones called vertebra. The … Continue Reading

Reflections on the unexpected privilege of the State Bar presidency

Ken Shigley, President, State Bar of Georgia, 2011-12
“Oyez! Oyez! Oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court!”
A woman wearing a formal morning coat and … Continue Reading

Grady EMT, going home from work on motorcycle, killed by DUI driver on I-20 in Douglas County

At 5 AM Sunday, a Grady Hospital EMT was killed on his way home from work by an allegedly drunk driver who rear-ended his motorcycle on I-20 near Lee Road in Douglas County.
The EMT, Jason Dale Strickland of Bremen was driving his Harley Davidson west on I-20 near Lee Road. According to media reports, a … Continue Reading

Independent Courts as Economic Infrastructure

The following article appeared in the February 2012 issue of the Georgia Bar Journal.
A third of a century trekking between Georgia courts, first in a single rural circuit and then more or less statewide, has made me a minor connoisseur of courthouses, the most visible physical infrastructure of the judicial system. I have tried cases … Continue Reading