On 3/8/05, in Sumter County, Georgia, two tractor trailers collided a little before 10 AM. Police say one truck was heading north on Highway 377 and crossed the center line. It crashed into another tractor trailer that was heading southbound killing the driver of that second vehicle. See news story. It is unclear in the…
Continue reading ›In Kentucky on 3/7/05, an overweight coal truck hauling roughly double its legal load crashed headon into a pickup truck driven by a minister, killing him. The previous day the minister had told his congregation that that life can end suddenly. The coal truck was rated for 80,000 pounds, traveling on a road rated for…
Continue reading ›Rep. John Boozman (R-Ark.), whose district includes the headquarters of both Wal-Mart and J. B. Hunt Transport, is sponsoring an amendment that would extend the allowable workday of truck drivers from 14 to 16 hours – twice the number of hours that most Americans work – without any additional pay. Boozman said, “There are several…
Continue reading ›Federal Motor Carrier Safety Regulations requiring the trucking company to bear financial responsibility to members of the traveling public for operation of trucks under their authority preempt contradictory state laws of agency. A number of these cases involve injuries to “unauthorized” passengers, including truck stop waitresses. Ken Shigley represents plaintiffs in wrongful death and catastrophic…
Continue reading ›State tort laws generally define the duty of drivers as ordinary care under an ordinary negligence standard. Occasionally, state laws set a different standard such as requiring proof of “willful or wanton” conduct in order to hold a defendant liable. However, when a motor carrier driver is driving in adverse weather, an “extreme caution” standard…
Continue reading ›Throughout the United States, and in Georgia, manufacturers have a duty to provide adequate warnings and instructions with regard to foreseeable dangers in the use of manufactured products. Ken Shigley represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice…
Continue reading ›In some rare cases, a wrongful death action in Georgia may be based upon unfair and deceptive acts and practices in violation of the Fair Business Practices Act (FBPA). That statute allows recovery of treble damages, punitive damages and attorney fees for intentional violations. This theory may be particularly applicable in products liability cases where…
Continue reading ›Chancellor Bismark in Germany said that those who love laws and sausages should not see how either are made. Anyone who has watched a legislative body in action can well understand what he meant. However, we lawyers have to work with the statutes legislators pass, and try to make some sense out of those sausages.…
Continue reading ›Legal jargon is convenient shorthand for discussion among lawyers and judges, but is is often befuddling to even intelligent, well-educated lay jurors. “Preponderance,” rarely if ever used by non-lawyers in everyday speech, is such a term. Ken Shigley represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject…
Continue reading ›The American College of Trial Lawyers published a 50 state survey, current through October 2004, of state offer of judgment rules. Click here to access a pdf copy of the survey. Ken Shigley represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and…
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