According to the Georgia Supreme Court, its recent decision in Fulton County Board of Education v. Thomas, No. S15G1205 (Ga., May 23, 2016), was a case of first impression. Under Georgia’s workers’ compensation law, the amount of an injured employee’s weekly benefit is based upon the employee’s “average weekly wage” over the “13-week period” preceding the […]
26
May
May
All too often the Georgia Court of Appeals becomes actively involved to deprive plaintiffs of pursuing their claims in court. The opposite is true in this case. The Court of Appeals reversed a motion for summary judgment granted in favor of the defendant in Stephens v. Kmart Corporation, No. A15A2211, Ga. App. March 22, 2016. Nadine […]
24
May
May
Punitive Damages In a Car Accident? Rarely do automobile collision lawsuits involve awards of punitive damages. This case involved such an award and it was upheld by the Georgia Court of Appeals in Dagne v. Schroeder, 336 Ga. App. 36, 783 S.E.2d 426 (2016). On November 11, 2011, Plaintiff Sue Schroeder picked up her daughter at […]
13
May
May
Defendants Obtain Reversal of Default Judgment This case began when Met-Test, LLC, filed suit in magistrate court to collect unpaid bills from Sondi Moore-Waters, a physician,. The magistrate court dismissed the suit, and Med-Test appealed to Fulton County Superior Court. Med-Test moved to amend its complaint to add two defendants: Alphonso Waters, Moore-Waters’ husband and […]
09
May
May
Plaintiff and her son were denied the chance to present their case at trial by the Georgia Court of Appeals in Swanson v. Tackling, (No. A15A2378, Ga. App. February 24, 2016). On April 26, 2012, Jessica Tackling and her seven-year-old son J.R., along with Jessica’s boyfriend Matthew Day, went to spend the weekend with Julia and […]
21
Apr
Apr
This recent decision of the Georgia Court of Appeals involved the question of venue for tort claims brought against the State of Georgia. Four separate actions were consolidated for purposes of this appeal. The parents of Cayleb Drayton filed suit for negligence against the Board of Regents of the University System of Georgia under the […]
30
Mar
Mar
Hiring an Experienced Trial Attorney Is Important to Your Case If you have a claim for personal injuries, hiring an experienced trial attorney can be very important. It can only increase your likelihood of obtaining a favorable recovery. In one case, Mildred Anne Holloway went to a Kroger supermarket on February 5, 2010, which […]
17
Mar
Mar
Court of Appeals Finds Landlord Not at Fault in Slip & Fall Case Once again the Georgia Court of Appeals rules against an injured person. In Cowart v. Schevitz, No. A15A2036 (Ga. App., Feb. 15, 2016), Plaintiff Ada Schevitz slipped and fell, injuring herself. She later filed suit against the landlord of the premises, Joseph Cowart. […]
09
Mar
Mar
Injured Plaintiff Loses Premise Liability Claim on Summary Judgment Esposito v. Pharr Court Associates, L.P., 334 Ga. App. 434, 779 S.E.2d 675 (2015) is a premises liability case in which the Georgia courts prevented an injured plaintiff from presenting her case to a jury. On July 25, 2011, Barbara Esposito slipped and fell, injuring herself inside […]
28
Jan
Jan
Personal Injury Claim Against Hyatt Regency Cleared for Trial We are pleased to report the success of a plaintiff in a personal injury case. Kimberly Fitzpatrick was injured when she fell off a stage in the ballroom at the Hyatt Regency Hotel in Savannah. The Chatham County Superior Court granted summary judgment in favor […]