Krause Law Firm Blog

Fatal Hit-And-Run On 75 in Atlanta
  • August 22, 2011
  • Categories: News

A motorcyclist was killed on 75 just north of 285.  The rider of the motorcycle died after being struck by two vehicles traveling south on 75.  One of the vehicles, a late model silver Porsche coupe, fled the scene of the accident.  The other driver, traveling in a Mazda 323, stated that her vehicle struck the...

“[P]rison officials have a duty . . . to protect prisoners from violence at the hands of other prisoners.”  Cortes-Quinones v. Jimenez-Nettleship, 842F.2d 556, 558.  With overcrowding and prison budget constraints, inmate on inmate injury claims are on the rise.  These claims are generally based on the Eighth Amendment, which forbids...

Insurance companies market themselves as trustworthy and friendly.  They claim to be “the good hands people?”  Or:  “Like a good neighbor, we’re there for you?”  Thus, it’s easy to get lulled into believing you’ll be treated fairly when you’re injured.  In reality, insurance companies are for-profit companies searching for ways...

The Georgia Supreme Court recently issued an opinion that makes convenience stores accountable when they sell alcohol to a noticeably intoxicated customer.  Flores v. Exprezit! Stores 98-Georgia LLC, S10G1652, 11 FCDR 2065 (7/15/11). The underlying lawsuit involved a serious automobile accident in which six people were killed and several injured by...

Hot Coffee
  • June 23, 2011
  • Categories: News

During the past 15 years, everyone’s heard something or other about a woman who recovered millions of dollars after she spilled hot coffee on herself at a McDonald’s.  The case was widely held-up as an example of a frivolous litigation against corporate America and played an important part in energizing...

In reading a case from the Georgia Court of Appeals, we’re reminded of the difficulties of bringing medical malpractice lawsuits in Georgia.  See Roberson v. Northrup et al., A10A0693 (GA. App. Feb 17, 2010).   In Georgia, when filing a lawsuit for medical malpractice, the injury victim (or “plaintiff”) is required...

When Things Go Wrong
  • June 15, 2011
  • Categories: News

Rescission … contract reformation … specific performance … declaratory judgment …  injunction … fraud … slander of title.  What do these terms have in common?  Answer:  one heck of a lawsuit.  In Executive Excellence v. Martin Bros. Invs., LLC, 11 FCDR 1152 (4/15/11), all these issues and more were fought over...

Like any good contract, commercial leases should not only set out the basic terms (e.g., rental amount, term of lease), but need to include provisions for circumstances and situations not always readily apparent or obvious. For example, some commercial leases are not specific enough about which party is responsible for...

You were just injured in an automobile accident, and, within hours, the insurance company calls asking for a recorded statement.  Should you agree?  What do you do? There’s no one answer for every situation.  Whether you agree to a recorded statement depends on the facts and circumstances of your case. ...

An issue that injury victims don’t always think about is including their personal injury claims in their bankruptcy paperwork. Unfortunately, failing to list a potential injury claim can later be used as a defense to a personal injury lawsuit. “Under the doctrine of judicial estoppel, a party is precluded from asserting...

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