In a recent pair of companion cases, Avis Rent A Car System v. Johnson, 352 Ga.App. 858 (2019) and Avis Rent A Car System v. Smith, 353 Ga.App. 24 (2019), the Georgia Court of Appeals reversed massive jury verdicts totaling $54M on the grounds that an Avis employee’s theft of a rental vehicle cut off Avis’s liability for the employee’s subsequent crash that injured the bystander plaintiffs.
Read MoreThe Georgia legislature recently passed a bill designed to shield healthcare facilities and other business entities from civil liability related to the spread of COVID-19. On August 5, 2020, Governor Brian Kemp signed the “Georgia COVID-19 Pandemic Business Safety Act,” which provides businesses with a general shield against civil tort lawsuits brought by members of the public, customers, or employees who alleged that they contracted or were exposed to the virus while on the premises.
Read MoreIn Reid v. Morris, Case No. S20A0107 (Ga. S. Ct., June 29, 2020), the Supreme Court of Georgia held that under Georgia’ s punitive damages statute, a defendant may be subject to unlimited punitive damages if he commits a tort while intoxicated—even if the tort does not involve driving under the influence. In this case, the two defendants, Stroud and Morris, were drinking together, and though Stroud knew Morris was drunk, had no license, and was known to be reckless, he gave Morris his car keys and let him drive. The plaintiff was injured when his vehicle was struck by the vehicle driven by Morris.
Read MorePlaintiff testified that she slipped on “standing water,” but could not describe the depth, width, or quantity of water.
Read MoreAs the Court held, landlords are not insurers of their tenants’ safety, and liability only arises where the landlord is on notice of a defect and therefore the necessity for repair.
Read MoreIn an historic decision, the Court unanimously held that the ante litem (pre-suit) notice required for bringing suit against a municipality applies only to allegations of negligence, not to intentional acts.
Read MoreWhat should business owners do before allowing employees to drive company vehicles?
Read MoreThe result of this case underscores the extreme caution and diligence a liability insurance carrier must exercise in reviewing any communications whatsoever from Plaintiff’s attorneys.
Read MoreThe Smith case was a big win for Georgia insurers and further fortified that the plain language of the policy controls policy coverage.
Read MoreOn July 28, 2015, the Georgia Court of Appeals reversed itself on the issue of whether lay testimony as to speed, based only on the experience of impact, constituted admissible evidence to defeat summary judgment.
Read MoreShould the Court uphold Martin’s argument of off-property liability, this decision will have profound impact on all business owners, large and small.
Read MoreThe Georgia Court of Appeals has recently decided that the statements contained within a police report are admissible as a business record, even without the officer’s personal testimony.
Read MoreThe take-away: property owners should be aware that even when there is evidence of plaintiff’s own negligence, such as deviation from a prescribed path, defendants may still need to prove that they did not set the stage, i.e., in some way entice the guest to the hazard.
Read MoreIn the 6-1 decision penned by Justice Carol Hunstein earlier this month, the High Court found that Myers could have provided the amount of her medical expenses known at the time of her ante-litem notice and simply stated that she was still undergoing treatment.
Read MoreThe topic of apportionment is no stranger to our blog; we have written about the subject on several occasions.
Read MoreThe defense of this case was helped in large part by the maintenance of routine inspection records and video surveillance.
Read MoreIn the upcoming legislative session, the House of Representatives will consider two bills that would modify the current seatbelt statute; HB 504 and HB 532.
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