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
Taking Credit Where Credit Is Due: Wc-243 Issues In Workers’ Compensation Claims
In Georgia, the Workers' Compensation Act protects an employer/insurer against an injured worker "double-dipping" in their recovery. For instance, In Georgia, the Workers’ Compensation Act protects an employer/insurer against an injured worker “double-dipping” in their recovery. For instance, where an injured worker is receiving both employer-funded short-term disability benefits and workers’ compensation benefits after a work-related accident, the amount the worker receives in workers’ compensation indemnity benefits may be reduced by the amount they are receiving in unemployment benefits – thereby avoiding any “double-dipping”. O.C.G.A. § 34-9-243 provides that, (b) Except as otherwise ... Continue Reading
Discoverability/Admissibility Of Evidence Relating To Litigation Finance Companies
An increasingly frequent trend in personal injury cases is plaintiffs are having their medical treatment "financed" by third parties. The typical An increasingly frequent trend in personal injury cases is plaintiffs are having their medical treatment “financed” by third parties. The typical scenario is as follows: a person, who is neither Medicare/Medicaid eligible nor insured, is injured in an accident necessitating medical treatment. In the absence of any available insurance coverage or personal financial capability, the injured person, concerned about paying for treatment out of pocket, is referred to a finance company that has a network of approved ... Continue Reading
Offers Of Judgment In Tort Cases In Federal Court
In Wheatley v. Moe's Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context ofIn Wheatley v. Moe’s Southwest Grill, LLC, the applicability of offers of judgment under O.C.G.A. § 9-11-68 was addressed in the context of tort cases in federal court based upon diversity jurisdiction. There appears to be no binding decision regarding the applicability of offers under O.C.G.A. § 9-11-68 in federal court. This code section provides: At any time more than 30 days after the service of a summons and complaint on a party but not less than 30 days (or 20 days if it is a counteroffer) before trial, either party may ... Continue Reading
The Deposition Of The Trucking Company Safety Representative
A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and A lawsuit is filed regarding a serious accident occurred involving a passenger vehicle and tractor-trailer. The facts of the accident are in dispute, and both parties fully investigate the physical evidence, the electronic data, and the relevant documentation. All of the parties, witnesses, and experts are deposed. However, the question of who caused the accident is not the only issue at play. Plaintiff has alleged that the driver was unqualified and poorly trained, and that the trucking company cut corners ... Continue Reading