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
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