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
The Perils Of Producing Applicant And Employee Medical Records In Light Of The EEOC Decision
In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett's employer, the In Bennett v. John E. Potter, Postmaster General, USPS, EEOC Dec 0120073097, 2011 WL 244217 (January 11, 2011), the EEOC addressed whether Mr. Bennett’s employer, the United States Postal Service (“USPS”), violated the Rehabilitation Act when it released Mr. Bennett’s medical information to a private party in response to a state court subpoena. The USPS released Mr. Bennett’s medical information to a defendant in a lawsuit filed by Mr. Bennett in response to a Texas state court ... Continue Reading
Caution: Employee Accidents Caused By Cell Phone Distractions
We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations We see it every day, whether driving on a crowded interstate or through a local school zone, a large number of drivers appear more interested in their cell phone conversations than in driving safely. It is undisputed that this recent trend has led to an increased number of automotive accidents, which impacts both employers and insurers. It is a well accepted rule in Georgia that injuries suffered by traveling ... Continue Reading
“Don’t Let The Evidence Spoil”
You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of You have a nice restaurant. Great food, good atmosphere, lots of flat screen TVs for sport watching and good times are usually had by all. One fateful evening, one of your patrons, while sitting on a bar stool and enjoying some tasty bar food and a good game of football, all of a sudden plunges to the floor. You rush to his aid only to find out that the bar stool seat has broken off from the legs. Your patron was injured and you’re concerned – ... Continue Reading
Mcrae V. Arby’s: What It Does And Does Not Mean
On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby's Restaurant Group thatis causing a lot of frenzy in the world of workers' compensation. On December 1, 2011, the Court of Appeals issued an opinion in McRae v. Arby’s Restaurant Group thatis causing a lot of frenzy in the world of workers’ compensation. This 4-3 majority opinion (with two vigorous dissents) has stirred the age-old debate of whether attorneys in workers’ compensation cases can communicate “ex parte” with the claimant’s treating doctors. Does McRae mark the end of attorney-doctor ex parte communications or of the poor man’s ... Continue Reading
Immigration Reform Comes To Georgia
Georgia has joined the ranks of such states as Arizona and Utah in their efforts to crack down on illegal immigration. On Friday, May 13, 2011, Governor Nathan Georgia has joined the ranks of such states as Arizona and Utah in their efforts to crack down on illegal immigration. On Friday, May 13, 2011, Governor Nathan Deal signed the Georgia Illegal Immigration Reform and Enforcement Act of 2011 (House Bill 87) into law. The law, which goes into effect on July 1, 2011, increases the state’s enforcement powers and imposes requirements on employers to check the immigration status of new hires. ... Continue Reading
Spoliation Of Evidence – Who Must Contemplate Litigation
Spoliation of evidence is defined as not only the intentional destruction of evidence, but also any change or alteration of evidence through neglect, inadvertence, Spoliation of evidence is defined as not only the intentional destruction of evidence, but also any change or alteration of evidence through neglect, inadvertence, or mistake. In Georgia, a party asserting that evidence has been spoliated must prove: (1) the destruction or failure to preserve evidence; (2) that the evidence is necessary; and (3) that the spoliation occurred when litigation was either contemplated or pending. Contemplation of litigation is easy to detect when ... Continue Reading