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Georgia cracks down on boating under the influence

Georgia cracks down on boating under the influence
Every summer thousands of metro Atlanta residents take to the surrounding lakes in boats. And every summer we see fresh cases of boating accidents, often collisions between watercraft in which someone is drinking alcohol, often at night, killing or injuring people involved. Boating under the influence is a … Continue Reading

What is the time limit to make a claim for injury or death against a city government in Georgia?

“You snooze, you lose.” The time limit to file a lawsuit in court for personal injury or wrongful death in Georgia is two years. But the time to present a notice of claim to a city government when one is hurt or killed by a municipal government’s negligence or public nuisance — whether due to … Continue Reading

GA Court of Appeals cracks open door to evidence of amount of settlements for prior accidents

Georgia law on the trial of personal injury cases has for most of my career provided for exclusion of evidence of settlements of claims arising from prior injuries. Now the Court of Appeals has cracked open the door to evidence that in the past has been excluded.
In the case of Goforth v. Wigley, 178 Ga. … Continue Reading

Does Georgia really need more than five “loser pays” rules?

Do advocates of more “loser pays” rules offer a solution in search of a problem?
Are people unaware of the “loser pays” sanctions that are already part of Georgia law?
As discussed in previous posts, Georgia already has five statutory “loser pays” rules, four of which passed in tort reform legislation during the time I have been … 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

Traumatic brain injury prevalent among prisoners

In the past week I’ve run across an unexpected convergence between my roles as a trial lawyer handling brain injury cases and as president-elect of the State Bar of Georgia.
Last Friday, I attended a program on criminal justice reform at the American Bar Association office in Washington, along with state government representatives. Among the dizzying … Continue Reading

Credible accident reconstruction testimony is often important

Automobile collision personal injury cases often require the assistance of an accident reconstructionist who is trained to analyze the physics of the wreck scene and determine the movements and speeds of vehicle and communicate those findings appropriately to jurors. The more complicated and controversial the crash, the more important the accident reconstruction expert testimony.
Over … Continue Reading

True Constitutional conservatives hold 7th Amendment right to jury trial sacred

I applaud the decision of the Republicans newly in control of the United States House of Representatives to read the entire United States Constitution on the first day of the new Congress. Everyone in government should keep the Constitution firmly in mind.
The commitment of  constitutional conservatives’  to our country’s founding principles is widely known. That … Continue Reading

Atlanta taxi death case underscores scandal of our taxi fleet

Today the Georgia DOT settled for $600,000 a hotly contested wrongful death case that included claims of negligent right of way maintenance by the City of Hapeville, negligent highway design by GDOT, negligent taxi inspection by the City of Atlanta, and a taxi operating with bald tires on a rain slick roadway.
The more significant fact … Continue Reading

Georgians injured in Michigan may have second chance to recover damages

My good friend Steve Gursten in Michigan just called to my attention a Michigan Supreme Court decision that s overturned  the nation’s harshest auto accident threshold law.
Under former Michigan case law, attorneys had told many people they had "no case" because Michigan law required that a bodily function be completely altered. Thus, people … Continue Reading