Monthly Archives: March 2007

Constitutional challenge to Georgia offer of judgment statute

OCGA 9-11-68, the rather overbearing version of an offer of judgment / offer of settlement statute that was enacted as part of Senate Bill 3 in 2005, has been held unconstitutional by several trial courts. Now the constitutional challenge is reaching the Georgia Supreme Court.  In light of the fact that a plaintiff won $4 … Continue Reading

Two significant verdicts, turning tort reform upon its authors, as metro Atlanta reaches 5 million mark

Despite the political surge to tort "reform" and the distinctly conservative tone we see in jury panels these days, when serious cases are well tried jurors repeatedly show the willingness to award adequate verdicts.  We experienced it a couple of weeks ago with a $2.3 million verdict in rural Gordon County for a young man … Continue Reading

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Court rejects motion to throw out punitive damages

We were pleased to get word today that a federal court in Georgia denied a motion for partial summary judgment to exclude a claim for punitive damages against a trucking company that had chosen to turn a blind eye to drivers’ hours of service violations.  For discussion of legal issues involved, see previous posts on … Continue Reading

Another crash with logs protruding from rear of log truck

Three people were killed and two injured this morning when a state vehicle struck the end of logs protruding from the rear of a log truck in Folkston, some of which entered the vehicle passenger area.  Timber hauling is governed by the Georgia Forest Products Trucking Rules. Any load that projects more than four feet … Continue Reading

$2,345,940.17 verdict sets new high in Gordon County, GA

Fri., 3/9/07, Calhoun, GA. 
In a scene reminiscent of the 1982 Paul Newman movie, "The Verdict," the jury after three hours of deliberation Thursday afternoon sent a note to the judge asking if they were limited by the amount the plaintiff asked for.   In closing argument I had asked for a verdict of approximately … Continue Reading

Surgeons who play video games make fewer mistakes

A new study reports that surgeons who play video games at least three hours per week made about 37 percent fewer mistakes in laparoscopic surgery and performed the task 27 percent faster than their counterparts who did not play video games.Laparoscopic surgery — using a tiny camera and instruments controlled by joysticks outside the body … Continue Reading

Vehicles turning left must yield to oncoming traffic

All too often we see the results of vehicular crashes that occur when one driver attempts a left turn across the oncoming traffic lane without yielding to oncoming vehicles. 
The Georgia Driver’s License Manual, at page 40, paragraph 4,  includes the following instruction:

When making a left turn at an intersection, alley or driveway, yield the … Continue Reading

Charter bus crash kills 6 on I-75 in Atlanta

A charter bus carrying members of a  baseball team from Bluffton University, a Mennonite college in Ohio, crashed onto I-75 from an overpass at Northside Drive about 5:30 AM Friday morning, killing six people and closing the southbound lanes of the interstate for 5 hours. A witness who was driving alongside the bus said it … Continue Reading