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Articles Posted in Court Decisions

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Georgia Agency Faces Wrongful Death Lawsuit Over Abused Toddler

In his recent State of the State address, Gov. Nathan Deal praised the work of Georgia’s Division of Family and Child Services (DFCS), whose employees are charged with protecting abused and neglected children. The governor singled out a case manager in Telfair County who saved an infant’s life. He also…

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Georgia Court Affirms $150M Wrongful Death Verdict Against Automaker

Every day, millions of parents entrust the safety of their children to the cars they drive. If there is a defect in a vehicle’s manufacture or design, a parent may not learn about until it is too late and their child has paid the price. When that happens, parents understandably…

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Georgia Gas Station Owner Faces Trial Over Delivery Driver’s Injuries

In a premises liability case, Georgia law holds that a plaintiff cannot recover damages if he or she had “equal or greater” knowledge of a hazard relative to the defendant. In other words, if you know there is a dangerous condition on someone else’s property and, in spite of that…

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Georgia Judge Erred in Requiring Expert Testimony to Prove Woman Died in House Fire

Expert testimony is often a critical component of a personal injury case. Judges and jurors are not technical experts and often require assistance in understanding evidence. When it comes to “simple negligence,” though, expert testimony is generally unnecessary. A jury does not need help when common sense is sufficient to…

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Georgia Court Orders New Trial Over Improperly Screened Jury

In any type of Georgia civil case, such as a personal injury lawsuit, the parties are entitled to have their dispute heard by an “impartial” jury. Among other things, this means that none of the jurors are related to any of the parties to the case. In car accident lawsuits,…

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Georgia Judge Settles Question of Who Owned Car on Day of Fatal Accident

Insurance policies frequently cover any damages incurred due to a car accident. But it is not unusual in Georgia for insurance companies to disclaim or otherwise reject coverage if the insured does not strictly comply with all terms of the policy. In some cases, insurance companies may end up fighting…

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Court Allows Elevator Accident Case to Proceed to Trial

In a premises liability case—that is, a personal injury lawsuit arising when someone is injured on another person’s property—the plaintiff must generally prove that the property owner possessed “superior knowledge” of the defective condition that caused the alleged injury. In other words, the danger must be known to the owner…

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Railroad Not Liable for Fatal Georgia Crossing Accident

According to statistics from the Federal Railroad Administration, there are more than 2,000 vehicle-train collisions at railroad crossings every year. When such accidents result in serious injury or death to innocent motorists, it is only logical the victims would want to hold the railroad responsible. But in some cases Georgia…

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Georgia Court Upholds $4.7 Million Judgment Against Seat Belt Manufacturer

Many car accidents are the result of a defect in the design or manufacture of part of the vehicle. A manufacturer may be held liable under Georgia law for such defective products. A jury may also find a manufacturer failed to adequately warn consumers about certain safety risks associated with…

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Georgia Court Holds Employer Not Entitled to Share of Injured Employee’s Negligence Settlement

If an employee is injured on the job or in the course of employment, he or she may be entitled to workers’ compensation benefits under Georgia law. But what happens when an employee’s accident or injuries can be attributed to the negligence of someone other than the employer? While workers’…

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