Legal Blog
Negligent Entrustment Despite a Clean Pre-Employment Background Check ?
What should business owners do before allowing employees to drive company vehicles?
Georgia Supreme Court Holds Lead Paint Excluded by Absolute Pollution Exclusion
The Smith case was a big win for Georgia insurers and further fortified that the plain language of the policy controls policy coverage.
Six Flag $35 Million Verdict: Possible Expansion of Premises Liability
Should the Court uphold Martin’s argument of off-property liability, this decision will have profound impact on all business owners, large and small.
Burden on The Insured/Plaintiff to Prove the at-Fault Driver Was an Uninsured Motorist
The solution-and liability insurers should take note-is for the plaintiff to obtain discovery “from the insurer regarding its efforts to contact its insured and its lack of success in securing cooperation.”
Georgia Supreme Court Weighs in on Discovery Dispute Over Reasonableness of Plaintiff's Medical Bills
On a very basic level, this case is merely a reaffirmation of the broad scope of discovery entitled to litigants but it should also help the defense side of the bar access the records of medical financing companies like ML Healthcare.
When an Uninsured Motorist Carrier Answers in its Own Name, it Must Do So Within the Time Provided or Risk Default Judgment
It is established law in Georgia that when an insurance company is served with a complaint as the plaintiff’s uninsured motorist carrier, the carrier has the option of answering in the name of the defendant, answering in its own name (and raising policy defenses), or filing no answer at all.
Georgia Supreme Court Sides with State on Amount of Loss Requirement for Pre-Suit Notices
In 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.
Georgia Legislature to Consider Bill That Would Allow Evidence of Seatbelt Use at Trial
In the upcoming legislative session, the House of Representatives will consider two bills that would modify the current seatbelt statute; HB 504 and HB 532.
Emergency Medical Services and The Applicable Standard of Care
The Georgia Supreme Court granted certiorari to determine whether “the Court of Appeals err[ed] in its application of the gross negligence standard for emergency room malpractice under OCGA § 51-1-29.5(c).”