Tag Archives: anne shigley

What does Georgia automobile insurance coverage include?

The most quoted and least meaningful phrase we hear about automobile insurance is, “I’ve got full coverage.” People who say that generally turn out to have insurance agents who failed to inform them of what they need, and their coverage is generally the minimum amount of insurance required by state law.
This post discusses the minimum … Continue Reading

What are contingent attorney fees?

The contingent fee system is the “key to the courtroom” for thousands of Americans. It allows people who suffered an injury to bring a suit without having to have the money up front to pay their attorney.
If the plaintiff receives no compensation, the attorney receives nothing – not even reimbursement for the costs of litigation. … Continue Reading

ABA Transportation Megaconference in New Orleans

This week I spent two days at the ABA Transportation Megaconference in New Orleans. Most of the attendees were defense lawyers, in-house counsel for trucking companies, claims professionals, and a few trucking industry executives. Only one token plaintiff’s lawyer was on the program. If there were other plaintiffs’ lawyers in the audience, … Continue Reading

Business Week article proposes balanced, limited approach to tort reform

In the current issue of Business Week magazine there is an article on “How to Fix the Tort System,” which urges pragmatic and limited reforms that would attack abuses while preserving benefits of the system. The approach suggested by Business Week would curb excesses in class actions and frivolous claims, punish those on both sides … Continue Reading

Summary judgment for Good Samaritan trucker — Reid v. Midwest Transp

Sometimes a tractor trailer driver really is an innocent Good Samaritan. In Reid v. Midwest Transp., Case # A04A1821, decided by the Georgia Court of Appeals on 11/19/04, a tractor trailer driver had pulled entirely off the roadway in an emergency lane on I-20, activated flashing lights, and ran into a ravine to render … Continue Reading

Georgia tort reform — new rules on qualifications of experts in medical malpractice cases

Senate Bill 3, effective 2/16/05, sets forth stringent new requirements as to who can testify as an expert witness in a medical malpractice case. There are several key provisions.
First, OCGA 24-9-67.1(c) requires that the expert witness have “actual professional knowledge and experience in the area of practice or specialty in which the opinion is … Continue Reading

Electronic filing becomes mandatory in Northern District of Georgia

The United States District Court for the Northern District of Georgia is moving to mandatory electronic filing. Lawyers practicing in that court had to apply for logins and passwords by 1/1/05, and electronic filing will be require as of 7/15/05. Lawyers practicing in federal court — and their key support personnel — must become … Continue Reading

Georgia tort reform — cap on noneconomic damages in medical malpractice cases

Senate Bill 3 caps noneconomic damages in medical malpractice cases at $350,000 against any defendant. If there are two medical facilities and at least one additional health care provider held liable, then the cumulative cap may reach a maximum of $1,050,000. The cap applies to “damages for physical and emotional pain, discomfort, anxiety, … Continue Reading

Georgia tort reform – notice that hospitals not responsible for independent contractor professionals

Senate Bill 3 includes a provision that health care institutions are not liable for negligence of independent contractors when a sign to that effect is posted in the lobby, etc. On the surface this appears to be merely a codification of existing Georgia law. It has long been the law that hospitals are not … Continue Reading

Georgia tort reform — virtual immunity from liability for hospital ER treatment

SB 3 provides, with regard to causes of action arising after 2/16/05, that, “In an action involving a health care liability claim arising out of the provision of emergency medical care in a hospital emergency department or obstetrical unit or in a surgical suite immediately following the evaluation or treatment of a patient in a … Continue Reading