Georgia Insurance Defense Lawyer Blog

Posted by Susan J. Levy

Recently, I have seen a steady flow of preservation letters, demanding our clients preserve everything from the damaged vehicle itself to any scrap of paper ever mentioning anyone or anything even tangentially involved in the alleged tort. While I recognize that prospective plaintiffs have a right to inspect evidence before it is altered or repaired, plaintiffs’ counsel have, in my opinion, gone too far. The rules against spoliation do not require that individuals or businesses retain documents or correspondence in the regular course of business just because someday, someone may file a lawsuit against them. Rather, the rules against spoliation apply only to the destruction or altering of evidence when litigation regarding an event is anticipated.

Continue reading " DON'T GET BULLIED BY PLAINTIFF'S CRIES OF SPOLIATION" »

Posted by Susan J. Levy

As the world knows by now, the 2010 Olympics began on a tragic note with the death of 21-year- old Nodar Kumaritashvili, from the Republic of Georgia. Recently, the athlete’s father was quoted in The Wall Street Journal (Feb 15, 2010, “Georgia Seeks Return of Luger’s Body”) dismissing the notion of filing a lawsuit: "What lawsuit? What kind of a person would do that?" he asked. "My son is dead and that wouldn't bring him back."

As a compassionate human being and avid sports fan, I was horrified by Kumaritashvili’s death, and moved by the fact that his father was grieving, not out looking for a lawyer. However, as a lawyer myself, I, unfortunately, could not help thinking about a lawsuit. And as a defense lawyer, (who knows nothing about Canadian law on immunity or evidence) I imagined the problems the Olympics would face defending a wrongful death lawsuit in my State of Georgia.

Continue reading "REPAIRS TO THE OLYMPIC LUGE TRACK IN VANCOUVER MAY BE ADMISSIBLE IN FUTURE LAWSUIT, IF FILED IN THE STATE OF GEORGIA" »