Tag Archives: Georgia Court of Appeals
Food poisoning proof is focus of Georgia Supreme Court decision
On a warm October afternoon two years ago, wearing one of the yarmulkes that Jewish funeral directors provide for non-Jewish attendees, I helped shovel red Georgia dirt into the open grave of an old client and friend. As I did so, I pondered the unanswered question whether long-term side effects of her food poisoning a … Continue Reading
Outgoing text messages admissible in evidence
The Georgia Supreme Court ruled on 11/7/2016 that outgoing text messages found in a cell phone are admissible in evidence as admissions of the person who sent them. However, incoming text messages are inadmissible hearsay, though their admission in evidence was “harmless” under the circumstances of the case. Glispie v. State, decided November 7, 2016.
This … Continue Reading
Independent law schools teetering on the brink
Few people recall that my undergraduate alma mater, Furman University in South Carolina, once had a law school. In the depths of the Great Depression, Furman closed its law school in 1932. A North Carolina school that was well-funded by a tobacco magnate, bought the library of Furman’s law school. It was rolled into Duke … Continue Reading
4-year-old killed when driver reaches for dropped cell phone in Paulding County
No words can ever be adequate when a young child is killed. For the child’s parents, grandparents and other family members, it is like having a hole punched in the heart. That wound never really heals. For parents, in the words of Willie Nelson, it’s something you don’t get over but you get through. The … Continue Reading
Tractor trailer merging from shoulder in darkness kills motorist on I-95
An approaching driver’s view of a tractor trailer pulling from breakdown lane into traffic in the dark
A tractor-trailer pulled from the highway shoulder in front of an approaching SUV on I-95 in Jasper County, SC, just north of Savannah, about 9:30 PM Wednesday night, August 8, 2018. The impact killed Raymond Jackson, Jr., driver of the … Continue Reading
Overcoming the independent contractor defense
Much of our Atlanta-based litigation law practice is based upon referrals from other attorneys around Georgia and North America for catastrophic injury and wrongful death cases in Georgia. Most of these are not simple, slam-dunk cases. Often we have to contend with a rat’s nest of convoluted, multi-layered liability defenses. Among those is often the … Continue Reading
11th Circuit Court of Appeals sides with insurance company on “examination under oath”
Property insurance policies typically include provisions that the policyholder must cooperate in investigation and adjustment. This includes an examination under oath (EUO) — answering a lot of questions from the insurance company’s lawyer. Failure of the policyholder to submit to the examination may preclude even an innocent insured from any recovery under the insurance contract.
Policyholders … Continue Reading
Meet Ken Shigley, candidate for Georgia Court of Appeals
Merle Haggard sang, “The roots of my raising run deep.” So do Ken Shigley‘s.
Ken Shigley’s childhood hone
His rural childhood home was a modest cement block two bedroom, but full of love. His dad and uncle, WWII combat veterans, built it on weekends one pickup truck load of materials per payday. The house included an indoor … Continue Reading
Diplomate of National College of Advocacy is not just another “certificate suitable for framing.”
About once a month, we receive a solicitation to purchase some made-up “honor” with a certificate suitable for framing designating the “best” or “top” lawyers in my practice area. Almost all are phony vanity distinctions for sale to anyone willing to pay the inflated price, but signifying nothing. I either toss them in the “round … Continue Reading
Tasks of mourning after death of a family member
Very often, in wrongful death lawsuits I represent families who after traumatic loss of a family member struggle with grief. Mourning the death of a loved one is a universal experience that sooner or later befalls all of humanity. But despite the common themes, everyone has a different experience of grief and loss.
I wrote this … Continue Reading