Effective representation of the plaintiff in a case of serious injury or wrongful death often requires that counsel overcome an “independent contractor” defense. That frequently involves solving a shell game of independent contractor business relationships used to evade financial responsibility. Sometimes lawyers refer to this as getting “beyond the monkey to the organ grinder.” The general rule is that a…
Continue reading ›Photo our expert used to identify negligent maintenance issues even though trucking company had sold their dump truck out of state. Tom was having a good day. Between sales calls, he stopped his pickup truck at a red light at the end of bridge waiting to turn left onto a freeway ramp. He had been…
Continue reading ›When people call us about a potential lawsuit for wrongful death or catastrophic injury in Georgia, one of the topics they sometimes find confusing is the decision about where to file a suit. The choice of court in which to file suit involves the interaction of subject matter jurisdiction, personal jurisdiction, and venue. In general, subject matter…
Continue reading ›A few times every year, parents of college students considering law school ask me to talk with their offspring about which Georgia law schools they should consider. Before responding to that question, there is always a conversation about why they want to go to law school, priorities in life, and other options for life and…
Continue reading ›Every summer there are far too many instances of children dying when left in a hot vehicle. One such tragedy involving a child care center without adequate insurance led to a claim against a city government for negligent licensing of the child care center. Many child care centers in Georgia have no liability insurance because…
Continue reading ›About once a month I get a call from an attorney in another state asking about the procedure for making injury and death claims against Georgia state government. Too often they are disappointed to learn that their letters to and correspondence with a claims adjuster for the state was not adequate notice of the claim.…
Continue reading ›Stopping the clock in Georgia. In 1964, Rep. Denmark Groover (D-Macon) hung over the gallery rail to stop the clock from reaching midnight on the last day of the legislative session. (AJC file photo by Joe McTyre) When an injury or death claim arises from a crime, in Georgia the clock stops on the statute…
Continue reading ›No matter how many years a lawyer has practiced, there is no end to the need for exposure to bright new ideas from the best lawyers around the United States. Over the past year, I had the opportunity to serve as chair of the Motor Vehicle Collision, Highway and Premises Liability Section of the American…
Continue reading ›When younger lawyers ask me for advice on their cases, among my first questions are, “What is the venue?” and “Who is the judge?” Often the response is, “Uh, I’ll get back to you.” Facts and law are vitally important. But the identity of the decision makers – judge and jury – are crucial too.…
Continue reading ›Versions of this article were published by Ken Shigley as a president’s column in the Georgia Bar Journal (August 2011) and as the chairman’s column in the American Association for Justice Motor Vehicle Collision, Highway & Premises Liability Section Newsletter (Spring 2016). James[1] had great unrealized potential. Son of a minister in another Southern…
Continue reading ›
