Even those with a cursory knowledge of the legal system understand that evidence is crucial to any case. But what most people do not know is that the absence of evidence can be just as important. O.C.G.A § 24-14-9 provides that “[i]n arriving at a verdict, the jury, from facts provided, and sometimes from the absence of counter evidence, may infer the existence of other facts reasonably and logically consequent on those proved.” (Emphasis added). One particular application of this principle is the Georgia doctrine of “res ipsa loquitur,” meaning “the thing speaks for itself.” “Res ipsa loquitur is a rule of evidence to be applied in cases where there is no evidence of ... Continue Reading
The Unilateral Suspension of Benefits in Workers’ Compensation – A Refresher on the All-Important Role of the “Return to Baseline” Opinion from the Authorized Treating Physician
Following an employer’s commencement of weekly benefits to a claimant in connection with a “compensable” work injury, the Workers’ Compensation Act describes some of the limited scenarios which permit the employer to subsequently and unilaterally suspend such benefits without a hearing before an Administrative Law Judge. Collectively, O.C.G.A. § 34-9-221, O.C.G.A. § 34-9-240, and Board Rule 221 list the more common justifications for the unilateral suspension of such benefits, which include: (1) an actual return to work, (2) an opinion from the Authorized Treating Physician releasing the claimant to regular duty, or (3) the claimant’s unjustified refusal of suitable, limited duty ... Continue Reading
Partner Barbara A. Marschalk Recognized as Lawyer of the Year in The Best Lawyers in America© 2023
Partner Barbara A. Marschalk has been recognized as 2023 “Lawyer of the Year” for her work in Insurance Law. Barbara A. Marschalk’s practice is devoted to defending a wide range of corporations and individuals in multiple practice areas including the defense of claims involving alleged childhood sexual abuse and sexual misconduct, clergy malpractice, defense of claims against churches, national and local youth serving organizations and other eleemosynary institutions, professional malpractice defense (including medical malpractice, long-term care defense, and legal malpractice), personal injury, premises liability and other general litigation involving catastrophic injuries and/or ... Continue Reading
DEF Attorneys Recognized in 2023 Best Lawyers in America © and Best Lawyers in America: Ones to Watch ©
Please join us in congratulating the 17 Drew Eckl & Farnham attorneys who were named as 2023 Best Lawyers in America©, and the seven who were named 2023 Best Lawyers: Ones to Watch©. 2023 Best Lawyers in America © 2023 Best Lawyers in America: Ones to Watch © To see the full list of 2023 Best Lawyers in America© and 2023 Best Lawyers: Ones to Watch©, visit the Best Lawyers website, linked below. ... Continue Reading
Summer Highlight: Meet Natalie Jacobs
This summer, Drew Eckl & Farnham welcomed incoming college student, Natalie Jacobs, as our Atlanta Bar intern. Why are you interested in the legal industry? I avoid watching the news because I am often disappointed with the way that social and legal issues are being handled around the country. When I watch reports on decisions being made by different authorities, I think “Well that could’ve been handled better,” or “Why are the laws dedicated to this issue being ignored?” I have recognized that the application and understanding of proper law is disproportionately distributed across the country, and unequal education opportunities result in litigation decisions that do not represent ... Continue Reading
Summer Highlight: Meet Bree’ara Murphy
Drew Eckl & Farnham welcomed Bree'ara Murphy as our 2022 1L Diversity Fellowship Summer Associate. Read below as we get to know more about Bree'ara! What/Who inspired you to become a lawyer? I am inspired by the prospect of being the first attorney in my family, and I am encouraged by my mentors across professions who believe in my abilities. I love to learn, and see joining the legal field as an opportunity to fuel my passion for lifelong discovery and service to others. What are some activities you enjoy doing when you are not studying or working? I enjoy cooking and trying new restaurants, travelling, anything related to music, spending time in ... Continue Reading
What is a Georgia Advance Directive for Health Care
A key component in an estate plan is the Georgia Advanced Directive for Health Care. This document allows you to name the people who have access to your medical information and who may make decisions about your medical care in the event you cannot. Upon attaining the age of 18 and becoming a legal adult, a parent cannot make medical decisions or gain access to your medical records. In the event of an emergency, it is important that health care professionals know who to contact. The Georgia Advanced Directive for Health Care appoints an agent, or agents, to act on your behalf. Any agent named must act in your best interests but is allowed access to your medical information without violating ... Continue Reading
A Premises Owner Can Defeat A Claim of Constructive Knowledge of a Hazard With Reasonable Inspection Procedures
The owner of an establishment is not liable for a claimant’s injury simply by virtue of the injury occurring on the owner’s premises. The fact that someone falls on the premises does not automatically entitle them to a recovery against the owner. The mere ownership of land or buildings does not render one liable for the injuries sustained by the persons who have entered thereon or therein. Simply stated, falling and injuring one’s self proves nothing. Such happenings are commonplace wherever humans go. To presume that because a customer falls on the premises of a proprietor, the proprietor has somehow been negligent would make the proprietor an ... Continue Reading
Georgia Supreme Court Holds Burden on Corporate Entity Must Be Considered When a Party Seeks to Depose a High-Level Executive
In General Motors, LLC v. Buchanan, Case No. S21G1147, 2022 WL 1750716, ---S.E.2d --- (Ga. Sup. Ct. June 1, 2022), the Georgia Supreme Court provided guidance on when a party’s high level corporate executive can be deposed. While the Court declined to adopt any sort of special test for when high level executives can be deposed, the Court held that a trial court must consider the traditional “apex factors” if the corporation seeks a protective order to stop the deposition on a case-by-case basis: the high rank of the executive, whether the executive has unique personal knowledge of the relevant facts, and whether the information is available from other sources. Buchanan ... Continue Reading
Attorney William Martin Spoke at the 2021 eMaxx Risk Management Summit
Attorney William Martin spoke at the eMaxx Risk Management Summit in Miami, Florida on October 22nd. Will presented as part of a panel discussing nuclear verdicts and Judicial Hellholes, with a focus on ways businesses and their insurers can more accurately evaluate risk and more effectively suppress potential damages. Will Martin is an experienced trial lawyer representing businesses in personal injury and wrongful death litigation. His practice focuses on all types of premises liability, product liability, and commercial transportation cases. A significant portion of his practice is dedicated to defending clients in the trucking industry following motor vehicle accidents. Mr. Martin has ... Continue Reading