Tort law
Category RSS FeedWhat is the law in Georgia on negligent hiring and retention of a truck driver?
Often in a catastrophic truck crash, the trucking company admits that the truck driver was negligent and was in the course and scope of employment. That is a smart tactic to attempt to focus all blame on two seconds of driver negligence rather than months or years of corporate conduct including negligent hiring of the … Continue Reading
What is PTSD (Post Traumatic Stress Disorder) and why does in matter in highway crash cases?
When my father’s generation came home from World War II, many of them carried psychological scars about which they kept quiet. My parents married young, at 21 and 18, the week he returned from combat in 1945. My mother said that dad fought the air war over Europe every night in his sleep for at … 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
16 Ways to Overcome the Independent Contractor Defense
Effective representation of the plaintiff in a case of serious injury or wrongful death often requires that counsel overcome an “independent contractor” defense. That frequently involves solving a shell game of independent contractor business relationships used to evade financial responsibility. Sometimes lawyers refer to this as getting “beyond the monkey to the organ grinder.”
The general rule is that a defendant … Continue Reading
