Tag Archives: Kenneth 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

TV law firm “settlement mills” blasted in legal ethics journal

Lawyers and paralegals who had previously worked at personal injury firms that advertise heavily on television, billboards and bus placards have told me many tales about the business model of those firms.
They have told me how lawyers may be responsible for 600 cases at a time, with 100 or more in litigation.
They have told me … Continue Reading

Venue choices for Georgia personal injury and wrongful death lawsuits

Georgia’s 159 counties
When people call us about a potential lawsuit for wrongful death or catastrophic injury in Georgia, one of the topics they sometimes find confusing is the decision about where to file a suit.
The choice of court in which to file suit involves the interaction of subject matter jurisdiction, personal jurisdiction, and venue. In general, subject … Continue Reading

Child death in day care van – uninsured child care & sovereign immunity for negligent licensing

Every summer there are far too many instances of children dying when left in a hot vehicle. One such tragedy involving a child care center without adequate insurance led to a claim against a city government for negligent licensing of the child care center.
Many child care centers in Georgia have no liability insurance because child … Continue Reading

Strict notice requirement of Georgia Tort Claims Act is trap door for the unwary

About once a month I get a call from an attorney in another state asking about the procedure for making injury and death claims against Georgia state government. Too often they are disappointed to learn that their letters to and correspondence with a claims adjuster for the state was not adequate notice of the claim. … Continue Reading

Statute of limitation tolled for crime in tort suit against other parties even if criminal never prosecuted

Stopping the clock in Georgia.  In 1964, Rep. Denmark Groover (D-Macon) hung over the gallery rail to stop the clock from reaching midnight on the last day of the legislative session. (AJC file photo by Joe McTyre)
When an injury or death claim arises from a crime, in Georgia the clock stops on the statute of … Continue Reading

A Lawyer’s Calling

A lawyer’s calling
Learn to do right; seek justice.
Defend the oppressed.
Take up the cause of the fatherless;
plead the case of the widow.
– Isaiah 1:17
It was a Sunday in December 1971, at my grandparents’ home in Mentone, Alabama, halfway down the hundred-mile-long plateau from Chattanooga to Gadsden that is Lookout Mountain. Within a … Continue Reading

GPS Fatal Distraction

GPS technology is one of the great conveniences of life in the 21st century. When it works right it enables us to find our way through unfamiliar areas with ease.
Other times it can lead us terribly astray.
But at all times we should follow the device directions by entering destination information while safely parked and use … Continue Reading

Offer of Judgment Survey

The American College of Trial Lawyers published a 50 state survey, current through October 2004, of state offer of judgment rules. Click here to access a pdf copy of the survey.