Articles Posted in Injury Law

Yesterday the Georgia Court of Appeals held that a work-related cell phone call or distraction by such a call that a driver chose not to answer may be enough to support liability of the employer, even though the employee was driving to work from home and was not on a special mission for the employer. …

The Center for a Just Society is a conservative outfit that seeks to “advance and defend Judeo-Christian principles of human dignity and social justice in law, policy and the public square.”  If you read their web site, it’s clearly a conservative organization.  In light of that faith-based conservatism, it is enlightening to read what they…

The Court of Appeals last week restricted the use of medical narrative reports in injury cases, holding it was reversible error to admit a neurologist’s unedited notes from the patient’s medical visits. The notes did not comply with O.C.G.A. § 24-3-18’s requirements for medical narratives, because they contained unexplained medical terms and test results and…

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…

Representative Mary Margaret Oliver of Decatur has introduced in the General Assembly HB 5 regarding use of wireless communication devices while driving.  It would amend OCGA 40-6-241 to include the following: (a) For purposes of this Code section, the term: (1) ‘Device’ means a cellular, hands-free, or mobile telephone, wireless communication device, personal digital assistant,…

I love it when I see a court use my points to rule my way on an unrelated case. We have a case in which we represent the estate and siblings of a young man who was killed by a drunk driver.  Their father had more DUI’s than anyone in the history of Georgia on…

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.” …

On May 1, in the case of Arkansas Dept. of Human Services v. Ahlborn, the U.S. Supreme Court held a State’s Medicaid department will be limited to reimbursement from only that portion of a judgment or settlement that represents payment for medical expenses. States are now prohibited from being reimbursed for Medicaid costs from settlement…

The Fireman’s Rule in Georgia provides that a public safety officer may not recover for the negligence that caused the situation to which he responded. It is based on a public policy of the State of Georgia that a public safety employee cannot recover for injuries caused by the very negligence that initially required his…

Since my days as a young prosecutor, I have observed the mayhem wrought by drunk drivers. Therefore, I am pleased to sponsor the updated web site for Mothers Against Drunk Driving (MADD) Georgia chapter. When drunk drivers cause wrecks, Georgia jurors are often ready to send a message that such conduct is unacceptable, even if…