Georgia Insurance Defense Lawyer Blog

Posted by H. Lee Pruett

On June 23, 2006, a truck driver insured by Great West Casualty Company clipped a car while changing lanes, causing an accident. Minutes later, another truck rear-ended a car which had slowed because of the first accident. Nora Bloomfield, a passenger in the car, was killed in the second collision. Bloomfield’s husband brought a wrongful death action against both truck drivers, their employers, and their insurers. The Great West defendants made a $25,000 offer of settlement pursuant to O.C.G.A. § 9-11-68. Plaintiff rejected it. At trial, the jury found the second truck driver 100% at fault for the wrongful death. Great West then sought $69,000 in attorney’s fees pursuant to the statute as the amount awarded—$0—was less than the amount offered to settle. The trial court denied the request on the grounds that the $25,000 offer was not made in “good faith,” and, in Great West Cas. Co. v. Bloomfield, Case No. A11A1454 (Ga. Ct. App., Dec. 1, 2011), the Court of Appeals affirmed. This surprising result should be a reminder that attorney’s fees are not automatic even when the verdict clearly authorizes their payment and the defendant gives good reasons for the offer.

Continue reading " GEORGIA COURT OF APPEALS AFFIRMS DENIAL OF ATTORNEY’S FEES FOLLOWING DEFENSE VERDICT " »

Posted by Susan J. Levy

In Sipple v. Newman, 2012 Ga. App. LEXIS 12 (January 12, 2012), Plaintiff, employed as a roofer, was hired by a 93-year-old woman to clean thick wet layers of pine straw off of her roof. In order to remove the pine straw from the gutters and an awning, Plaintiff leaned a ladder beside the awning and then rested his foot on the awning for balance. Plaintiff was injured in a fall after the awning gave way.

Continue reading " ROOFER LOSES PREMISES LIABILITY ACTION IN GEORGIA COURT OF APPEALS " »

Posted by Susan J. Levy

Under current Georgia law, in order for an injured person to recover in a dog bite case, they must show not only that the dog had vicious propensities, but that the owner knew or should have known of those propensities, and that the injured person had no such knowledge. "Although this traditionally has been described as Georgia's 'first bite rule,' the rule does not literally require a first bite. Instead, the true test of liability is the owner's superior knowledge of his dog's temperament. (Citation and punctuation omitted.)” Custer v. Coward, 293 Ga. App. 316, 318-319 (2008). In the recent case of Brock v. Harris, 2011 Ga. App. LEXIS 986, Plaintiff’s failure to demonstrate the owner’s knowledge of prior aggression by the dog resulted in summary judgment for the Defendant dog owner.

Continue reading " COURT OF APPEALS RULES DOG OWNER ENTITLED TO SUMMARY JUDGMENT " »