Tag Archives: student
Georgia School Bus Injuries and Sovereign Immunity
When my children were riding a bus to elementary school every day, like most parents I trusted the school bus driver to deliver them safely to school and back to our neighborhood. Usually that is what happens as school buses are generally considered the safest means of transporting children to and from school.
But occasionally children … 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
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
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
What to do if you are directly solicited for a lawyer after a crash
This morning on her way to work, a paralegal in our office was injured when someone rear-ended her car on the way to work. When she was waiting for a CT scan in the hospital emergency department, she sent us a text reporting that she had already been called on her cell phone by two … 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