The primary elements of an occupational disease that a claimant must prove are: The primary elements of an occupational disease that a claimant must prove are: (1) causal connection between work and the disease; (2) disease followed a natural incident of exposure; (3) disease is not of a character to which the employee may have had substantial exposure outside of employment; (4) disease is not an ordinary disease of life to which the general public is exposed; and (5) disease had its origin in a risk connected with the employment. If an employee was exposed to dangerous chemicals or products with ... Continue Reading
Wrongful Death Cases Based Upon Suicide: The General Rule Of Unforeseeability Has Exceptions
Ranked as high as the 6th leading cause of death in the United States by the National Safety Council (13th worldwide), and with over one million Ranked as high as the 6th leading cause of death in the United States by the National Safety Council (13th worldwide), and with over one million people committing suicide each year world-wide, suicide is far-reaching, complex, and sometimes perplexing for those left behind. Any number of factors might contribute to a person taking their own life, including mental health and/or other social problems. In some cases it is likely impossible to know why a particular person chose to take their own life, and in other cases a ... Continue Reading
When Less Is More: Newell Recycling Of Atlanta, Inc. V. Jordan Jones & Goulding, Inc.
Professional services agreements generally contain descriptions of the work to be performed regardless of whether these agreements Professional services agreements generally contain descriptions of the work to be performed regardless of whether these agreements are with engineers, architects, accountants, or attorneys. Such agreements purport to define the boundaries of the client relationship. The specificity of the scope of work or representation can vary based on the nature of the professional relationship, the extent of work, and the relative interests of the parties in expressly defining their relationship. It is not uncommon ... Continue Reading
Adding Insult To Injury: Accidents While Traveling To And From Medical Appointments
Sometimes there seems to be no end at what a claimant wants to relate back to his or her work injury once a compensable injury has been established. Sometimes there seems to be no end at what a claimant wants to relate back to his or her work injury once a compensable injury has been established. As a result, employers and insurers are often presented with requests to pay for benefits that do not readily appear to be related to an original work injury. One such scenario involves accidents that occur traveling to and from doctors appointments. In the case of Flores v. Dependable Tire, Co., Inc., the Georgia Court of Appeals ... Continue Reading
Protect Yourself At All Times: Wear A Veil
One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through One of the first decisions a prospective business owner needs to make, especially self-employed or small business owners, is the proper business form through which they will conduct their business. Though there are many factors to be considered when deciding whether to operate as a corporation, limited liability company, or other form, two fundamental concerns are prevalent: (1) under which form will I pay the least amount of taxes; and (2) which form will best protect me and my personal assets ... Continue Reading
Praying For A Ponzi Scheme: A Peculiar Sacrament Of Ill-Gotten Gains, Church Donations, Written Reservations, And Declining Insurance Coverage
Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. Reverend Ernest is the pastor of a local church. One fine Sunday morning, as the collection plates are passed, a member of his congregation deposits a substantial gift. In counting the morning’s tithes later that day, Rev. Ernest finds the gift – a check, payable to the church, for $1 million. “Land o’ Goshen!” he exclaims. Now, the community missions about which the church has long dreamed can become a reality. Rev. Ernest takes a long look ... Continue Reading
Convenience Stores Subject To Liability Under Georgia’s Dram Shop Act – Flores V. Exprezit! Stores 98-Georgia, LLC,
We have all been to a gas station at eight o'clock at night, standing ten deep in line, with one cashier working two registers ringing up cigarettes, We have all been to a gas station at eight o’clock at night, standing ten deep in line, with one cashier working two registers ringing up cigarettes, candy, and soda while working the gas pumps, often times without greeting you, looking at you, or taking the time to issue you a receipt. Assume one of those ten customers in line was intoxicated, purchased a case of beer from the convenience store, and later caused an accident injuring or killing someone. Under that scenario, the gas station could be held liable under the recent ... Continue Reading
Are You Confused Yet? The State Of Idiopathic Injuries After Harris And Ward
One of the basic principles of Georgia workers' compensation law is that for an injury to be compensable, One of the basic principles of Georgia workers’ compensation law is that for an injury to be compensable, it must have arisen out of and in the course of employment. For an injury to have arisen out of employment, there must be a causal connection between the employment and the injury. The presence or absence that causal connection is at issue in so-called “idiopathic” cases. The seminal idiopathic case is Davis v. Houston Gen. Ins. Co., 141 Ga. App. 385 (1977). In Davis, a ... Continue Reading
Anticipation Of Litigation Protection For Claim Files
Once litigation is filed, insured's attorneys regularly serve requests for production of documents seeking the insurance company's entire Once litigation is filed, insured's attorneys regularly serve requests for production of documents seeking the insurance company's entire file regarding the insured's claim. The claim file contains a plethora of rich information, which if fully disclosed, could provide the insured's attorney with a road map of the various steps, interviews, and decisions taken by the adjuster and investigators during the claim process. While some of that information is certainly discoverable, in claims involving issues of ... Continue Reading
Who Exactly Committed This Crime, Anyway? Recent Trial Court Rulings Denying Apportionment Of Fault To Criminals In The Context Of Premises Liability / Negligent Security Cases
A crime victim who pursues a civil case is looking for deep pockets; the actual criminal is therefore rarely a "target defendant" simply because he has no assets.A crime victim who pursues a civil case is looking for deep pockets; the actual criminal is therefore rarely a “target defendant” simply because he has no assets. As to any other potential defendants the rule in most cases, a criminal act is a superseding event which breaks a chain of causation. However, a significant exception to this rule arises in the context of premises liability cases; in Georgia, an owner or occupier of land in Georgia owes a non-delegable duty to keep its premises ... Continue Reading