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 efforts to pass so-called “tort…
Medical Malpractice Affidavits in Georgia
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 to contemporaneously file an…
When Things Go Wrong
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 and appealed to the…
Commercial Leases: What If . . . ?
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 replacing major structures. This occurred…
After An Automobile Accident Or Property Loss, Should You Give A Recorded Statement To The Insurance Company
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. The biggest concern is that…
Failure to Identify Automobile Collision In Bankruptcy Paperwork May Not Be Fatal
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 a position in a judicial…
Qualifying Experts
In preparing for and winning at trial, the importance of finding qualified experts cannot be overemphasized. Not only must one find a qualified expert, such as a medical doctor, an engineer, or other learned professional, but the expert must prove to the trial court that he or she has particular and measurable expertise in the…
Car Accident Victim Loses Personal Injury Case Against City of Waynesboro
The Georgia Supreme Court, in DeLoach v. Elliot, S11A0469, 11 FCDR 1501 (5/27/11), issued an opinion that will make suing government entities for personal injuries more difficult. In this case, a City of Waynesboro police officer, while on duty, drove his cruiser into the back of an automobile. The driver of the automobile was injured…
If You’re A Party In a Car Accident Lawsuit, Is Your Facebook Page Fair Game?
A court in Bucks County, Pennsylvania was faced with this question when a defense attorney moved to have an automobile collision plaintiff accept a friend request on Facebook so the defense attorney could get full access to the injured party’s private postings and pictures. This was not a minor accident, rather the plaintiff was hit…