Tag Archives: ken shigley

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

Four big rig pileup kills woman on I-285 near Camp Creek Parkway exit

A chain reaction crash involving four big rig tractor trailers on I-285 near Camp Creek Parkway in south Fulton County, GA, killed a woman in a passenger car on June 19, 2018.
According to the Georgia State Patrol, A tractor-trailer was traveling northbound when it struck three other big rigs and the rear of a car, … Continue Reading

California trucker killed sideswiping truck parked overnight on shoulder of I-16

A young truck driver from California lost his life on the side of I-16 in Laurens County, Georgia, on March 2nd. This  tragedy highlights how truck drivers are in one of the most dangerous occupations.
According to news reports, a 22-year-old California truck driver was killed when he sideswiped a disabled semi in predawn darkness on … Continue Reading

Fatality and burn injury in truck crash on I-95 at Richmond Hill, Georgia

A fiery crash on I-95 at Richmond Hill near Savannah in Chatham County on July 26th caused the wrongful death of a woman and sent her husband to a specialized burn unit in Augusta. It appears all too typical of other truck accident cases we have handled throughout Georgia, including those in the Savannah area … 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