Monthly Archives: June 2012

Death without warning in the early morning

Recently we concluded settlement of a case in which a drunk on the wrong side of the road struck and killed a woman driving to a church breakfast. One moment she was driving safely and prudently down a quiet country road. The next moment an intoxicated stranger crossed the center line and crashed head-on into … Continue Reading

NJ suit by spectator against Little League baseball player would be tossed out by Georgia courts

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

Incompetent plaintiff can be in courtroom through all of trial, but is it a good idea?

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

Children and swimming pool tragedies

Kids and swimming pools are a delightful part of summer. This time of year I am often reminded of the pleasant memories of taking my two offspring to the neighborhood pool to play in the water with their friends. Memories of many neighborhood swim meets at the end of sweltering days. I never dreamed that … Continue Reading

8 year time limit applies to road design claims in Georgia

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

In negligent security cases plaintiff must prove that security was actually negligent

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

Double amputee triathlete Scott Rigsby to help Aimee Copeland who lost limbs to necrotizing fasciitis

My daughter began running marathons and triathlons in the years since she became deaf at 18. She is one of my heroes. She introduced me to the story of her hero, Scott Rigsby, a double amputee who completed the Hawaii Ironman Triathlon with the help of high tech prosthetic legs.
Last week, I saw Scott leading … Continue Reading

Video Interview: Discussing my time as President of the State Bar of Georgia with LXBN TV

Earlier this week I had the opportunity to speak with Colin O’Keefe of LXBN regarding my time as President of the State Bar of Georgia. In the short interview I explain how I came into the role, touch on some of the more memorable accomplishments and offer my thoughts the challenges and opportunities facing lawyers … 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

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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