In Georgia negligence claims, several different types of damages may be awarded to plaintiffs who are successful in proving their case. Damages awards are often composed primarily of “compensatory” damages, which are designed to compensate a plaintiff for their injuries. The goal of compensatory damages is to make a plaintiff…
In a recent Georgia food poisoning case, the Georgia Supreme Court reversed the lower courts’ decision to dismiss a plaintiff’s case. The case presented the court with the opportunity to discuss the appropriate burden a plaintiff bringing a food-poisoning case has at the summary judgment stage. Ultimately, the court concluded…
In a recent case, a plaintiff brought a wrongful death claim against the Georgia Department of Transportation (GDOT) and construction contractors on behalf of her parents who died in a car accident. According to the court’s written opinion, in October 2011, the plaintiff was driving behind her parents’ car on…
Recently, a state appellate court issued a written opinion in a Georgia car accident case discussing the issue of a plaintiff’s diminished future earning capacity, as well as the expert testimony necessary to establish such a claim. The court ultimately determined that the jury’s award was supported by the evidence…
Recently, a state appellate court issued an opinion in a Georgia car accident case discussing what venues are appropriate in a case brought against multiple motorists, one of which was an uninsured motorist (UIM). The case required the court to determine if the venue-selection clause in the state’s UIM statute…
Recently, a state appellate court issued a written opinion in a Georgia premises liability case, dismissing the plaintiff’s claims against the defendant due to the fact that the plaintiff waited too long to file her case. In deciding the case, the court had to consider whether a clause in the…
Recently, a state appellate court issued a written opinion in a Georgia premises liability lawsuit that was filed against a Chick-Fil-A fast-food restaurant after the plaintiff tripped and fell in the restaurant’s parking lot. Relevant to this appeal was the plaintiff’s claim that she did not notice the cement parking…
In a recent case, the Supreme Court of Georgia decided that a wrongful death lawsuit can be limited by a previous personal injury settlement. The case is an important decision for Georgia personal injury and wrongful death plaintiffs. The Facts of the Case A woman was in a car accident…
Following the procedural rules is important in any claim, but this is particularly the case in a Georgia medical malpractice claim, as failing to follow the procedural requirements can result in dismissal of a claim right from the start. Understanding the exceptions is just as important, as one recent case…
Recently, a state appellate court issued a written opinion in a Georgia medical malpractice case requiring the court to determine if a jury’s zero-dollar award for the plaintiff’s pain-and-suffering claim was adequate as a matter of law. Finding that the award was “clearly inadequate,” the court reversed the award. However,…