Significant Victory for Personal Injury Victims in Georgia

News

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 a drunk driver.  A…

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Hot Coffee

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 efforts to pass so-called “tort…

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Medical Malpractice Affidavits in Georgia

News

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…

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When Things Go Wrong

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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…

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Commercial Leases: What If . . . ?

News

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…

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Qualifying Experts

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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…

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Car Accident Victim Loses Personal Injury Case Against City of Waynesboro

News

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…

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