November 26, 2007 Last week, the Wall Street Journal’s (subscription required) front-page story explained insurance subrogation through its personal effect on Wal-mart employee, Deborah Shank.Fifty-two year old Shank worked as a night clerk at Wal-mart for years in order to care for her three sons during the day.Seven years ago…
November 20, 2007 ABC News recently reported on an incident in Pasadena, Texas last week and captured on a 911 tape where zealous gun owner, Joe Horn, noticed his neighbor’s home was being burglarized.Relying on the Texas “Stand Your Ground” law, the neighbor ran next door, shot and killed the…
November 11, 2007 Last week the Center for Disease Control (CDC) celebrated Drowsy Driver Prevention Week.Interestingly, in a poll conducted as part of their education campaign, 47 percent of commercial truck drivers admitted to having fallen asleep while driving a truck during some point in their career. In a study…
October 29, 2007 Recently, the Georgia Court of Appeals reversed a grant of summary judgment to the defendant in an interesting case involving the use of a cell phone by an employee enroute to work.In Hunter vs. Modern Continental Construction Company, the employee shift supervisor was enroute to work when…
October 16, 2007 When a drunk driver causes an accident and someone is injured, the drunk driver may be liable for more than just the plaintiff’s injuries and property damage. Georgia juries are allowed to “fine” the defendant by awarding punitive damages. Punitive damages not only punish the defendant for…
In Atlanta and other major cities, an innovative group known as "Critical Mass" has organized to promote riding bicycles among city streets used primarily by motor vehicles. Critical Mass riders seek to promote enthusiasm for bike riding in what has become a “car culture.” Critical Mass hosts monthly Friday rides.…
In Georgia there is a doctrine known as Res Ipsa Loquitur, which translated means “the thing speaks for itself.” Some things are so manifestly the result of someone’s negligence that a jury can infer negligence on the part of the defendant. In other words, the evidence proves the point. For…
This week the Georgia Court of Appeals threw out a 5.1 million dollar jury verdict against DeKalb County for the wrongful death of a twenty-one year old probationer when he fell off the back of a county garbage truck which he was assigned as part of his community service work.…
The state of Georgia requires all motor vehicle owners to secure minimum liability insurance coverage for their vehicles.This insurance provides for payment for damages in the event the other driver suffers a personal injury in the car accident.However, there is no requirement that motor vehicle owners secure uninsured motorist coverage…
Commonly, insurance policies include an endorsement which provides the insurer “will pay reasonable expenses incurred for necessary medical and funeral services because of bodily injury caused by accident and sustained by an ‘insured.’”Medical payments coverage for car accidents is optional under Georgia insurance policies and is available to the insured…