Articles Posted in TRANSPORTATION LAW

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Posted by Susan J. Levy

Generally, a party may not bring a direct action against another party’s liability insurer. Hartford Ins. Co. v. Henderson & Son, 258 Ga. 493 (1988). In that case, the Georgia Supreme Court held that “the general rule is that because there is no privity of contract, a party may not bring a direct action against the liability insurer of the party who allegedly caused the damage unless there was an unsatisfied judgment against the insured or it is specifically permitted either by statute or provision in the policy.”
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Posted by Jonathan A. Barash

Traffic fatalities reached a record low in the first half of 2009, the National Highway Traffic Safety Administration announced last month. An estimated 16,626 people died in motor vehicle accidents on U.S. roads between January – June of 2009 compared with 17,871 during the first half of 2008. This represents a 7% decline. According to the NHTSA report, traffic fatalities have been declining steadily since reaching their peak in 2005.
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Posted by H. Lee Pruett

When a transit company’s employee assaults a passenger, can the company be held strictly liable? In Laidlaw Transit Servs., Inc. v. Young, Case No. A09A1525 (Ga. Ct. App., Aug. 20, 2009), the Georgia Court of Appeals said no, strict liability did not apply.
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Posted by Susan J. Levy

Since 1992, the State of Georgia, including all State agencies like the State Department of Human Resources or Department of Transportation, is entitled to sovereign immunity except to the extent sovereign immunity has been waived by the provisions of the Georgia Tort Claims Act (“GTCA”). [See also A Practitioner’s View of the Georgia Tort Claims Act, Georgia State Bar Journal (1992)]
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Posted by Susan J. Levy

Last summer, in the case of Clarendon National Insurance Co. v. Johnson, 293 Ga. App. 103 (2008), cert denied 2008 Ga. LEXIS 1004, Plaintiff Johnson was seriously injured when he was struck by Robert “Wesley” Carnley who drove his tractor trailer across the center line into the opposite lane of travel with a load of carpet he had picked up in Calhoun, Georgia, on his way to California.
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