As the weather warms up and everyone gravitates towards spending more time outdoors, Employer's often host or sponsor recreational or social events for their employees. As the weather warms up and everyone gravitates towards spending more time outdoors, Employer’s often host or sponsor recreational or social events for their employees. Events such as picnics, sporting teams, festivals, and parties can be a good source of team building and a great morale boost for a workforce. While such events are a fun and relaxed way to socialize, encourage teambuilding and boost morale, they can also be a source of unexpected liability for injuries incurred by employees in the course of organizing, ... Continue Reading
Prior Traversal Of A Static Condition Remains Viable Grounds For Summary Judgment In Premises Liability Cases—For Now
Central to Georgia premises liability law is the requirement that the proprietor have superior knowledge of a hazardous condition on its premises in order to be liable for accidents and injuries Central to Georgia premises liability law is the requirement that the proprietor have superior knowledge of a hazardous condition on its premises in order to be liable for accidents and injuries resulting therefrom. Perkins v. Val D’Austa Co., 305 Ga. App. 126, 128 (2010); see also American Multi Cinema v. Brown, 285 Ga. 442, 444 (2009). In the context of static conditions (i.e. a step) the Georgia appellate courts have long held that an invitee/customer’s actual knowledge of the ... Continue Reading
First Party Property Div Claim: Federal District Court In Georgia Declines Request For Declaration That State Farm Homeowners Policies Provide Coverage For Future Div Claims
The decision in John Thompson v. State Farm Fire and Casualty Co., No. 5:14-CV-32 (MTT) (M.D. Ga. May 14, 2015) reflects yet another effort by policyholders to benefit from The decision in John Thompson v. State Farm Fire and Casualty Co., No. 5:14-CV-32 (MTT) (M.D. Ga. May 14, 2015) reflects yet another effort by policyholders to benefit from the Georgia Supreme Court’s 2012 landmark decision in Royal Capital Development v. Maryland Casualty, 728 S.E.2d 232 (Ga. 2012). In Royal, the Georgia Supreme Court held that there is no meaningful difference between diminution in value (“DIV”) coverage for automobiles (as permitted by the Georgia Supreme Court in State Farm ... Continue Reading
Is The Injury That Occurred On Break Compensable? – Injuries On “Regularly Scheduled Breaks”
What happens when an employee is injured while on a break? Injuries that occur during "regularly scheduled breaks" are generally not What happens when an employee is injured while on a break? Injuries that occur during “regularly scheduled breaks” are generally not compensable if the claimant is free to use their time as they desire. Wilkie v. Travelers Ins. Co., 124 Ga. App. 714, 183 S.E.2d 783 (1971). When the general rule applies, the injury is not compensable because it does not arise out of or occur in the course of employment. However, there are several exceptions that can cause an injury that occurs on a break to be found compensable. The burden in ... Continue Reading
Georgia Supreme Court: The Doctrine Of Sovereign Immunity Does Not Bar Sureties And Subrogees From Recovering Against The State
On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign On September 22, 2014, the Georgia Supreme Court affirmed a controversial Court of Appeals decision, which held that the doctrine of sovereign immunity did not bar sureties or subrogees from recovering breach of contract damages from the State, so long as the surety or subrogee’s principal would have a cause of action for such damages. This decision, a significant positive development for the construction industry, stems from a simple set of facts: In 2008, the Georgia Department of Corrections (“GDOC”) awarded Walker Roofing (“Walker”) ... Continue Reading
Facebooking At Work? It’s For Discovery, I Swear!
Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that Social media and social networking websites have taken a solid foothold in American and global culture. The Pew Research Center estimates that 74% of all internet users utilize social media in one form or another—71% of that number accounts for Facebook alone. In addition to Facebook, there is Twitter (23%), LinkedIn (28%), Pintrest (28%), and Instagram (26%). These numbers only continues to rise with time. With the increasing and overwhelming ubiquity of these sites, all enterprising professionals should ask themselves: how can I use ... Continue Reading
Strokes And Heart Attacks: Burden Of Proof And Medical Inquiry
On March 25, 2015 the Georgia Court of Appeals issued a decision in the case of an alleged work-related stroke. Save-A-Lot Food Stores v. Amos On March 25, 2015 the Georgia Court of Appeals issued a decision in the case of an alleged work-related stroke. Save-A-Lot Food Stores v. Amos, Ga. Ct. App. No. A14A1633 (3/25/15). The employee, James Amos, was an assistant grocery store manager for Save-A-Lot. On August 5, 2015, and after unloading pallets of meat, Amos claimed that he “found himself miscounting items, losing his balance and becoming confused.” He began to suffer from a severe headache and had weakness on the left side of his body. His wife came ... Continue Reading
Direct Negligence Claims And Developments In Apportionment
The law on apportionment in Georgia continues to develop, most recently in the areas of negligent training, entrustment, and similar claims. This is probably best The law on apportionment in Georgia continues to develop, most recently in the areas of negligent training, entrustment, and similar claims. This is probably best illustrated with an example fact pattern: Plaintiff is involved in a motor vehicle collision with defendant truck driver (“defendant driver”) who is in the course and scope of his employment for defendant trucking company (“defendant company”). Plaintiff’s claims are (1) against defendant driver for negligent operation of the truck; (2) ... Continue Reading
Another One Bites The Dust: Georgia’s Impact Rule
For over 100 years, Georgia's impact rule has prohibited recovery in a negligence cause of action where there has been no physical impact to a For over 100 years, Georgia’s impact rule has prohibited recovery in a negligence cause of action where there has been no physical impact to a plaintiff in the course of an alleged wrong. The Supreme Court of Georgia explained the parameters of the impact rule in Ryckeley v. Callaway, 261 Ga. 828, 412 S.E.2d 826 (1992): In a claim concerning negligent conduct, a recovery for emotional distress is allowed only where there is some impact on the plaintiff, and that impact must be a physical injury. On the other hand, where the conduct is ... Continue Reading
Who’s Your Doctor? Tips For Keeping Control Of Medical Benefits With The Posted Panel
Getting and maintaining control of who the medical provider is on a claim can significantly affect the amount of medical costs and indemnity payments paid on a claim. Getting and maintaining control of who the medical provider is on a claim can significantly affect the amount of medical costs and indemnity payments paid on a claim. With a reputable physician at the helm of an injured worker’s medical treatment, the employer is in a much better position to provide that worker suitable medical treatment and get the employee back to work as soon as possible. Unfortunately, there are some physicians that, if appointed as ATP, may significantly increase the cost and ... Continue Reading