Georgia Insurance Defense Lawyer Blog

Posted by H. Lee Pruett

In Rutherford v. Revco, Case No. A09A1331 (Ga. Ct. App., Nov. 24, 2009), and Nosiri v. Helm, Case No. A09A1563 (Ga. Ct. App., Dec. 1, 2009), the Georgia Court of Appeals rendered questionable decisions denying the defendants summary judgment in cases where the plaintiffs appeared to have equal knowledge of the hazardous condition. These cases point out the increasing difficulty premises liability defendants face in convincing the court that they should prevail as a matter of law.

Continue reading " TWO RECENT DECISIONS BY GEORGIA COURT OF APPEALS SHOW COURT’S INCREASING RELUCTANCE TO GRANT SUMMARY JUDGMENT TO DEFENDANTS IN TRIP AND FALL CASES " »

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Posted In: PREMISES LIABILITY

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Posted by Jonathan A. Barash

An action for medical malpractice in Georgia must be brought within two years after the date on which an injury or death arising from a negligent or wrongful act or omission occurred. O.C.G.A. § 9-3-71(a). With some exceptions, this usually means the date of the allegedly negligent treatment.

Continue reading " GEORGIA SUPREME COURT LIMITS NEW INJURY EXCEPTION TO MEDICAL MALPRACTICE STATUTE OF LIMITATIONS " »

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Posted In: MEDICAL MALPRACTICE DEFENSE

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Posted by Susan J. Levy

A debate is raging among Georgia's trial judges, the defense bar, and the plaintiff's bar on the "correct" interpretation of the recently enacted statutes pertaining to joint and several liability. In DeKalb County alone, judges are split on the issue. On January 22, 2009, in a case being defended by this firm, Judge Janis Gordon gave the defense the opportunity to apportion damages to a non-party when there was only one named defendant and the plaintiff passenger was not responsible for his injuries. Taylor v. DeKalb County, Civ. Action No: 06A50694-7, State Court of DeKalb County (January 22, 2009). See also Georgia Insurance Defense Lawyer blog post dated January 26, 2009, DeKalb County Judge Upholds Constitutionality of Apportionment Statute: O.C.G.A. § 51-12-33.

Continue reading " SOMETIMES, IT MAKES SENSE TO WAIVE APPORTIONMENT " »

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Posted In: APPORTIONMENT OF DAMAGES

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