It begins as yet another case with a claimant with a rather suspicious injury, and surveillance is assigned to see how he is spending It begins as yet another case with a claimant with a rather suspicious injury, and surveillance is assigned to see how he is spending his days. In this case, it is a back-injury claimant (of course, no witnesses), and the claimant alleges he can hardly get out of bed. The hearing is coming up, and it is expected that the claimant will come limping into the courtroom to “put on a show”. Surveillance returns with some semi-helpful ... Continue Reading
Is An Alford Plea In A Criminal Case Admissible In A Subsequent Civil Case?
Incidents that involve an alleged criminal act often times give rise to a subsequent civil lawsuit brought by the victim. However, because VOLUME 26, NO. 151 JANUARY 2014 Incidents that involve an alleged criminal act often times give rise to a subsequent civil lawsuit brought by the victim. However, because criminal statutes of limitations are generally shorter than civil statutes of limitations and criminal defendants have a Constitutional right to expedited jury trials, notice of impending civil litigation may not come until after the criminal proceedings are over. Thus, civil defense lawyers are generally left with ... Continue Reading
Georgia’s Rule 68- Offer Of Settlement – A Refresher And Recent Developments
If anyone questions the significance of Georgia's Rule 68 offer of settlement statute, look no further than the front page of the Fulton County Daily Report If anyone questions the significance of Georgia’s Rule 68 offer of settlement statute, look no further than the front page of the Fulton County Daily Report in the last two months. We have seen Rule 68 effectively used to generate significant awards of attorney fees. In recent weeks, a Fulton County State Court judge awarded $1.5 million in attorney fees, on top of a $3 million dollar verdict, to plaintiff’s counsel. In that case, the defendant declined a $2 million offer to settle made ... Continue Reading
Damage To A Contractor’s Own Work Can Be Within The Definition Of “Occurance” In A CGL Policy But Still May Not Be Covered
On July 12, 2013, the Supreme Court of Georgia issued a ruling in Taylor Morrison Services, Inc. v. HDI-Gerling America Ins. Co., further interpreting and defining the term “occurrence” as used in the context of a "standard" CGL policy.[1] (No. S13Q0462; 2013WL3841555). The case was before the Supreme Court of Georgia at the request of the Eleventh Circuit to answer two specific questions under Georgia law: (1) whether an “occurrence” under the insurance policy only exists if damage occurs to other property (as opposed to an insured’s own work); and (2) if not, whether an “occurrence” exists for claims of breach of ... Continue Reading
Update on the Constitutional Attack On Florida’s 104 Week CAP on TTD
In March of this year (Volume 25, No. 146), we reported on a decision from the First District of the Florida Court of Appeal, which held the 104 week cap on TTD was unconstitutional In March of this year (Volume 25, No. 146), we reported on a decision from the First District of the Florida Court of Appeal, which held the 104 week cap on TTD was unconstitutional on the grounds that it denied right of access to courts. Westphal v. City of St. Petersburg, No. 1D12-3563 (2/28/13). Westphal, a firefighter, had reached the limit on entitlement to TTD, yet remained totally disabled. He was prevented from filing for permanent disability because ... Continue Reading
No Notice of Potential Litigation, No Possible Spoliation
Spoliation "is the destruction or the significant and meaningful alteration of evidence," so that the evidence is no longer available to a party in pending or future litigation. Spoliation “is the destruction or the significant and meaningful alteration of evidence,” so that the evidence is no longer available to a party in pending or future litigation. An individual or entity that causes either the intentional or unintentional spoliation of evidence is known as a spoliator. The reality is that the effects of spoliation can often be very harsh. However, the rules against spoliation do not require that individuals or ... Continue Reading
Violence In The Workplace: Random Assults And Current Application of Georgia Law
Unfortunately violence in the workplace is on the rise. A 2011 study from the U.S. Bureau of Labor Statistics found that 17% of workplace fatalities that year were the result of Unfortunately violence in the workplace is on the rise. A 2011 study from the U.S. Bureau of Labor Statistics found that 17% of workplace fatalities that year were the result of violence. While deaths and injuries from other causes are in decline due to improved safety measures, incidents of violence continue to increase. As the incidences of violence, rise, employer and insurers are regularly forced to address the compensability of injuries ... Continue Reading
The Great Windfall: Whether Insured’s In Georgia May Cover Replacement Costs Without First Repairing Or Replacing Their Property
Standard property insurance policies allow insureds to collect the actual value of their damaged or lost property. Insureds may often secure Standard property insurance policies allow insureds to collect the actual value of their damaged or lost property. Insureds may often secure additional protection through a replacement cost endorsement which provides increased coverage for the expense of replacing the property. Replacement cost coverage was designed to remedy the shortfall which often occurs when a property insurance policy only provides compensation for actual cash value (“ACV”). That is, while a policy compensating an insured for the ACV of damaged or lost ... Continue Reading
Rise Of SSDI Claims And Impact On Workers’ Compensation Claims
Since the Great Recession of 2008, there has been a spike in claims for Social Security disability income ("SSDI") benefits and unemployment Since the Great Recession of 2008, there has been a spike in claims for Social Security disability income (“SSDI”) benefits and unemployment benefits, as unemployed workers searched for alternate sources of income. Not only were injured workers filing claims for SSDI benefits for wage loss, it also provided them with an avenue for entitlement to Medicare, since a person is entitled to Medicare benefits after receiving SSDI benefits for twenty-four (24) months. Therefore, a claim for SSDI benefits can provide an injured worker with a ... Continue Reading
Look Out Below: Georgia Court Of Appeals Affirms Summary Judgement For Defendants In Two Recent Falling-Merchandise Cases
Two recent Georgia Court of Appeals decisions confirm that premises owners have at least two viable lines of defense in falling-merchandise cases. In both Two recent Georgia Court of Appeals decisions confirm that premises owners have at least two viable lines of defense in falling-merchandise cases. In both Aubain-Gray v. Hobby Lobby Stores, No. A12A1042, 2013 WL 4017362 (Ga. Ct. App. Aug. 8, 2013), and Warner v. Hobby Lobby Stores, Inc., 321 Ga. App. 121, 741 S.E.2d 270 (2013), the Court of Appeals affirmed summary judgment in favor of defendants on the plaintiffs’ falling-merchandise claims. In each case, the Court determined that ... Continue Reading