Atlanta Injury Law Blog

Not much is required of log truck operators in Georgia. But the one that spilled a load of logs onto a Jeep in Athens Thursday morning managed to violate even those minimum requirements. The log truck, operating without the required identification on the door, overturned and spilled its load as it exited the Athens Perimeter…

Insurance companies typically hire defense counsel for their insureds and manage the litigation. This can create ethical dilemmas for the defense lawyers. Georgia Rule of Professional Conduct 1.2(4) provides that “[when a lawyer has been retained by an insurer to represent an insured, the representation may be limited to matters covered by the insurance policy.”…

The tripartite relationship between insurer, insured and defense counsel is unique in the legal profession, variously described as “deeply and unavoidably vexing” and presenting an ethical dilemma that would “tax Socrates.” Charles Silver, “Does Insurance Defense Counsel Represent the Company or the Insured?,” 72 TEX. L. REV. 1583, 1587 (1994); Hartford Accident & Indemnity Co.…

It is well-established Georgia law that insurance contracts are construed to protect the reasonable expectations of the insured. See, e.g., Western Pacific Mut. Ins. Co. v. Davies, 267 Ga.App. 675, 601 S.E.2d 363(2004); Georgia Farm Bureau Mut. Ins. Co. v. Meyers, 249 Ga.App. 322, 324, 548 S.E.2d 67, 69 (2001); Georgia Farm Bureau Mut. Ins.…

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…

Admissibility of expert testimony in both federal and state courts in Georgia is now governed by the Daubert standards. See Federal Rule of Evidence 702; O.C.G.A § 24-9-67.1 (effective 2/16/05); Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579, 113 S.Ct. 2786, 125 L.Ed.2d 469 (1993); General Electric Co. v. Joiner, 522 U.S. 136, 118…

I have begun to hear anecdotal reports of insurance companies using low offers of judgment effectively in small soft tissue injury cases. In those small cases and particularly with lawyers who handle high volumes of small cases, the intimidation factor provided by the new OCGA Section 9-11-68 can be substantial. At the same time, I…

Dallas, TX, 5/25/05 — 18-wheeler burst into flames and on an I-20 bridge over Interstate 45. It is believed the driver may have fallen asleep at the wheel. See story. We frequently see cases of tired truck drivers who have driven through the night colliding with passenger cars in Atlanta’s morning rush hour. Prompt investigation…

Hawthorne, NJ, 6/2/05 — A dump truck crashed into a van full of disabled adults, which then burst into flames. A disabled woman who was killed was in a wheelchair behind the van’s front passenger seat. Eight others were injured. Authorities suspect the truck’s brakes failed. See article. The Shigley Law Firm represents plaintiffs in…

A new study by Dartmouth College researchers suggests that huge jury awards and financial settlements for injured patients have not caused the explosive increase in doctors’ insurance premiums. The researchers said a more likely explanation for the escalation is that malpractice insurance companies have raised doctors’ premiums to compensate for falling investment returns. See article.…