The decision in Royal Capital Development v. Maryland Casualty, 728 S.E. 2d 234 (Ga. 2012) is landmark. The decision in Royal Capital Development v. Maryland Casualty, 728 S.E. 2d 234 (Ga. 2012) is landmark. A. Factual background: The facts we know are very limited. A commercial property in the Atlanta area was allegedly damaged due to construction work on an adjacent property. The only damages detailed in any of the opinions describe cracks observed in floor ... Continue Reading
Q: When Is A Co-Worker Not A Co-Worker? A: When He Shoots A Fellow Employee In The Leg
The Supreme Court of Georgia Approves an Injured Employee's Tort Suit The Supreme Court of Georgia Approves an Injured Employee’s Tort Suit Against his Injury-Causing Co-Worker In the recent Georgia Supreme Court case of Smith v. Ellis, 731 S.E. 2d 731 (2012), the Court took up the issue of whether an injured employee, after settling a disputed workers’ compensation claim on a no-liability basis, can later sue his injury-causing co-worker. Smith and Ellis were employed by a Georgia homebuilder and decided one sunny February afternoon to get together during work hours so the two could shoot guns Ellis recently purchased. Smith and Ellis decided to meet at an ... Continue Reading
Ecm’s And Spoliation: The Importance Of An Accurate Record
The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the The fastest and most effective way for a party to lose an otherwise defensible case is to be sanctioned for spoliating evidence. In Georgia, spoliation is defined as the “destruction of evidence necessary to pending or contemplated litigation.” When a party destroys or significantly alters evidence, trial courts have wide discretion to fashion sanctions on a case by case basis. After concluding that a party has spoliated evidence, the Court must consider five factors when ... Continue Reading