October 2018 Archives

Top state court hears personal injury claim in product case

A product liability case in a Georgia state action will be handled and decided much like similar product cases that are litigated throughout the country. Such claims generally are decided by application of the doctrine of strict liability in tort; however, negligence and warranty principles can come into play. A worker's estate in another state sued PACCAR Motors Co., the maker and provider of a "glider kit" that contains the actual components to assemble a full semi-tractor trailer. The estate sued for wrongful death and personal injury damages on behalf of its decedent, who was a worker on a construction site.

Causation may prove deceptive in motor vehicle accidents

The true cause of a vehicular accident may be hidden by the gloss of first impressions. That lesson in the causation of motor vehicle accidents may be instructive in the events surrounding a recent fatal accident occurring on Ga. Rte. 13. The Georgia State Patrol  reported that a 22-year-old female was making a right turn from a side road onto Ga. 13 when she failed to yield the right of way to a vehicle driven by a 30-year-old female who was driving south on Ga. 13.

What's required to prove a drug possession charge?

Imagine you were enjoying some time riding in the car of a friend, who you didn't realize was in possession of marijuana under the passenger seat of his vehicle. As it happens, the police pull your friend over for speeding and decided to search the vehicle. That's when they found marijuana under your seat which they suspected was yours, and now you're facing marijuana possession charges in criminal court.

Motor vehicle accidents decline after Georgia passes law

Despite opposition from some, Georgia lawmakers recently passed a law prohibiting drivers from using mobile devices unless they are hands-free. Calling and texting behind the wheel is thought to be a major contributor to motor vehicle accidents, and safety advocates have been vocal about the need for strong legislation to discourage drivers from taking these chances. Recent statistics show that the new law in this state may be doing its job.

Personal injury claim follows a pattern to settlement or trial

Innocent victims of car accidents in Georgia are generally entitled to collect monetary compensation for injuries suffered from the negligence of one or more drivers who caused the accident. Some highlights of the settlement procedure are outlined below, but one should be cautioned that a claim can only be properly managed by an experienced personal injury attorney. Many things can go wrong when one is unrepresented, including the prospect of receiving a "lowball" or "nuisance" settlement from the insurer.

Breach of contract, injunction sought in business litigation case

Contractual disputes between business entities is commonplace in the courts of Georgia. There are many different disputes and factual scenarios that can be imagined between companies that are doing business together, and they don't always end up with an uneventful outcome. Business litigation in the state and federal courts located in Georgia often deal with a wide variety of breach of contract complaints.

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