Wrongful Death

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What to do if you are directly solicited for a lawyer after a crash

This morning on her way to work, a paralegal in our office was injured when someone rear-ended her car on the way to work. When she was waiting for a CT scan in the hospital emergency department, she sent us a text reporting that she had already been called on her cell phone by two … Continue Reading

Child death in day care van – uninsured child care & sovereign immunity for negligent licensing

Every summer there are far too many instances of children dying when left in a hot vehicle. One such tragedy involving a child care center without adequate insurance led to a claim against a city government for negligent licensing of the child care center.
Many child care centers in Georgia have no liability insurance because child … Continue Reading

A year of bright ideas in advocacy

No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States.
Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American Association … Continue Reading

Venue options broaden for Georgia State Tort Claims cases

When younger lawyers ask me for advice on their cases, among my first questions are, “What is the venue?” and “Who is the judge?”   Often the response is, “Uh, I’ll get back to you.”
Facts and law are vitally important. But the identity of the decision makers – judge and jury – are crucial too. While … Continue Reading

A foolproof way to avoid leaving a child in a hot car

Only a monstrous parent would intentionally leave a child in a hot car for hours to suffer and die. While that is the allegation in a pending murder case in Georgia, even if proven true it would be aberrational.
But every summer we hear of a rash of incidents in which a distracted, multitasking parents, usually … Continue Reading

Georgia State Patrol fires trooper who killed 2 teens in crash

The leadership of the Georgia State Patrol deserves credit for openness in promptly taking disciplinary action and publicly disclosing that a State Trooper’s reckless conduct caused the deaths of two west Georgia  teenagers and injuries to two others last week.
State Trooper Anthony J. Scott, 26, was fired Friday after investigators determined he was driving 91 mph … Continue Reading

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

What is the “full value of life” in Georgia wrongful death law?

 
In Georgia wrongful death law, the measure of damages is the “full value of life,” which includes both economic and noneconomic value of the decedent’s life to him or her. Unlike some states, Georgia does not provide for recovery of losses suffered by those left behind, who are deprived of the companionship, advice, counsel, or … 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

What to do if your car breaks down on the expressway at night

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Twice recently pedestrians died in predawn darkness on I-285 on the north side of Atlanta. Tragedy for the victims and their families led to massive morning traffic jams for hundreds of thousands of Atlanta area commuter.
On January 22, 2015, there was no clear explanation why a woman was … Continue Reading