Despite the political surge to tort “reform” and the distinctly conservative tone we see in jury panels these days, when serious cases are well tried jurors repeatedly show the willingness to award adequate verdicts. We experienced it a couple of weeks ago with a $2.3 million verdict in rural Gordon County for a young man…
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Fri., 3/9/07, Calhoun, GA. In a scene reminiscent of the 1982 Paul Newman movie, “The Verdict,” the jury after three hours of deliberation Thursday afternoon sent a note to the judge asking if they were limited by the amount the plaintiff asked for. In closing argument I had asked for a verdict of approximately…
Continue reading ›A charter bus carrying members of a baseball team from Bluffton University, a Mennonite college in Ohio, crashed onto I-75 from an overpass at Northside Drive about 5:30 AM Friday morning, killing six people and closing the southbound lanes of the interstate for 5 hours. A witness who was driving alongside the bus said it…
Continue reading ›Georgia juries are capable of surpassing expectations. An example occurred this week in Marion County, population 7,144 according to the 2000 census. It is the prototype of the conservative, predominantly white rural Georgia county. I have been told that the highest jury verdict in the history of the county prior to this week was $10,000.…
Continue reading ›I have written several times this year about proposals for toll lanes for trucks on metro Atlanta interstate highways. An article this week shows another reason why this may become a necessity. The Georgia Department of Transportation expects to spend $160 billion on road construction projects between 2005 and 2035. But revenues from the motor…
Continue reading ›Occasionally we encounter situations where a corporate defendant claims that the employee who was driving the business’s truck was on some personal mission, and therefore not in the course and scope of employment. It is always important to develop the evidence of business related purposes that are somehow related to the trip, as well as…
Continue reading ›It’s old news to personal injury litigation specialists but often a surprise to others that, under Georgia law, filing a bankruptcy petition without disclosing the existence of a personal injury claim may bar the injury claim. It’s called the rule of judicial estoppel, and the consequences can be extremely harsh. The courts have softened the…
Continue reading ›Last month there was a news story about the New Jersey Committee on Attorney Advertising, a panel appointed by the Supreme Court of New Jersey ruling that attorney advertisements that tout listings such as the “Super Lawyers” listings violate professional responsibility rules against ads that compare lawyers’ services or create an “unjustified expectation about results.” …
Continue reading ›Georgia has slowly begun erecting highway signs memorializing people killed by drunk drivers. To be eligible, a person must have been killed by a drunken driver since May 13, 2004, the date the law was signed. Georgia had 450 drunken-driving fatalities that year. The death also must have occurred on a state or federal highway…
Continue reading ›A new study from Georgetown University Medical Center may offer hope of drug treatment to prevent formation of scar tissue and thereby prevent worsening effects of traumatic central nervous system injury. Based on studies with rats, the hope is that injection of flavopiridol through nasal passages within thirty minutes after trauma may limit the formation…
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