The Court of Appeals's recent decision in Samuels v. CBOCS Inc., No. A12A1525 (Ga. App. Nov. 27, 2012), suggests that evidence of a violation of a The Court of Appeals’s recent decision in Samuels v. CBOCS Inc., No. A12A1525 (Ga. App. Nov. 27, 2012), suggests that evidence of a violation of a private guideline, by itself, can foreclose a defendant from obtaining summary judgment in premises liability cases. Such a rule could discourage premises owners from establishing rigid private safety, inspection, and cleaning rules. In turn, lax safety guidelines could increase the frequency of accidents. This could not have been the General Assembly’s intent for ... Continue Reading
Property Law Update
In the recent case of Bell v. Liberty Mutual Fire Insurance Company., S.E.2d, 2012, 12 FCDR 4011 (Ga.App. Nov. 30, 2012) the insureds (the Bells) challenged In the recent case of Bell v. Liberty Mutual Fire Insurance Company., S.E.2d, 2012, 12 FCDR 4011 (Ga.App. Nov. 30, 2012) the insureds (the Bells) challenged an appraisal award that favored Liberty Mutual. The Bells’ home was damaged by fire on April 26, 2008. They submitted a claim to Liberty Mutual for the policy limits of their dwelling and personal property. Pursuant to the its ... Continue Reading
“Ex Parte” Communications With Doctors In Workers’ Compensation Cases: The Supreme Court Of Georgia Stops The Madness In Arby’s V. Mcrae
In 2011, the Georgia Court of Appeals issued its opinion in McRae v. Arby's Rest. Group, holding that the State Board of Workers' Compensation In 2011, the Georgia Court of Appeals issued its opinion in McRae v. Arby’s Rest. Group, holding that the State Board of Workers’ Compensation lacked authority to order a claimant to sign a patient authorization allowing her employer’s attorney to engage in so-called “ex parte” communications with her authorized treating physician. The impact on workers’ compensation litigation was immediate. Some physicians refused to respond to written questionnaires sent by defense attorneys. Certain claimant’s ... Continue Reading