In the current political environment, the Georgia Trial Lawyers’ Association does not believe a big government healthcare proposal in place of the constitutional right to trial by jury will fly. What do you think? Here’s the full story: Fulton County Daily Report Ariticle.
Author Archive
Medical Malpractice Reform – Should it be more like Worker’s Compensation? Leave a comment
Is Georgia’s 2005 Tort Reform requiring Apportionment Constitutional? Leave a comment
The Georgia Supreme Court will hopefully look at this issue soon. The 2005 so-called “Tort Reform” has caused more problems than it has solved. Many Plaintiff’s lawyers feel forced to sue everyone who could ever conceivably be held at fault, rather than focusing the claim on the primary culprit(s). I’m defending a case now where [...]
Are Corporations People Too? Leave a comment
In many civil cases such as a trucking case, hospital malpractice or products liability, Georgia law requires that the Judge tell the jury that corporations are people too. Here is the precise language from the Pattern Jury Charges: ”You must consider this case as a lawsuit between persons of equal worth and equal standing in [...]
Qualifying a Georgia Jury – What can you ask them on the topic of Insurance? Leave a comment
In car wreck cases in Georgia, the jury is not allowed to know whether or how much insurance the defendant has available to satisfy a verdict and judgment against him or her. However, jurors must be qualified as to whether they are shareholders, officers, directors or employees of the defendant’s insurance carrier, and, when it’s [...]
Gwinnett Jury hits Kroger for $2.4 Million for slip and fall 1 comment
Lawrenceville, Ga January 20, 2012 1:30pm. The allegations in the case included that the customer sustained serious injury, necessitation a 5-level cervical fusion, when he fell in a foreign substance at a Kroger grocery store. The trial judge struck Kroger’s answer and found it liable for the injuries sustained by the customer when evidence developed [...]
Court of Appeals Strikes Down Comparative Negligence Pattern Charge Leave a comment
The Georgia Court of Appeals has struck down the pattern jury charge on comparative negligence that has been in use for decades. In Clark v. Rush, Case No. A11A1418 (Ga. Ct. App., Nov. 1, 2011), a Georgia Plaintiff was allegedly injured in a car wreck when Defendant pulled out in front of her. The Defendant [...]
Miss Jackie Falls into the Oil Change Pit – Recovery $180,000 1 comment
Miss Jackie, a retired police officer, needed to get her oil changed. So she found a local oil-change shop near her home in Lawrenceville, Georgia. The technician escorted Miss Jackie into the lobby and pulled her car into the bay over an open oil pit. As she sat in the lobby, Miss Jackie realized that [...]
Miss Brandi Trips Over Wire in her Yard – Recovery $385,000 Leave a comment
At 85 years old, Miss Brandi had been living independently in Florida, volunteering at her church and managing several rental properties. She was still as sharp as a tack, but her daughters wanted her closer to home in case her ability to live independently started to change. After some initial resistance to the idea, Miss [...]
The Importance of Illustrating Personal Injuries Leave a comment
A picture is worth a thousand words. For that reason, trial attorney Render C. Freeman believes strongly in investing in high-quality medical illustrations. Mr. Freeman has working relationships with the best medical artist’s available. These illustrations are not just for trial; they are also critically important for meaningful negotiations regarding the settlement of the personal [...]
Preexisting condition: Is your lawyer ready to do battle with a neuroradiologist? Leave a comment
If your injury is anything less than a broken bone or an open wound, you may fall prey to one of the insurance industries favorite tactics: the preexisting condition. As our bodies age, the appearance of our joints (be it a knee or a cervical vertebra), change in appearance. These changes may ore may not [...]