Happy First Day of Spring!
Court Finds Arbitration Clause Waived Due To Delay In Demanding Arbitration
CONTRACTUAL RIGHT TO ARBITRATION WAIVED BY DELAY AND PREJUDICE TO OPPOSING PARTY The Georgia Court of Appeals chipped away at the trend to submit cases to arbitration whenever possible in SunTrust Bank v. Lilliston, 338 Ga. App. 738, 791 S.E.2d 614 (2016), According to the court of appeals, this was a case of first impression….
EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY STILL ENTITLED TO WORKERS’ COMP BENEFITS
EMPLOYEE WHO FAILED TO DISCLOSE PRIOR WORK INJURY ON JOB APPLICATION STILL ENTITLED TO WORK WITHIN RESTRICTIONS OR WORKERS’ COMPENSATION BENEFITS FROM CURRENT EMPLOYER McDuffie v. Ocmulgee EMC, 338 Ga. App. 200, 789 S.E.2d 415 (2016), illustrated an extremely convoluted decision from the Georgia Court of Appeals. Ten judges participated in this decision. Three judges…
BUSINESS RECORDS PROPERLY ADMITTED INTO EVIDENCE AT TRIAL
Wachovia Bank held a promissory note from Dianne Matthews for money she had borrowed. Wells Fargo Bank acquired Wachovia and later filed suit against Matthews for breach of the promissory note. Matthews failed to answer the complaint and a default judgment was entered against her in the Forsyth County Superior Court. A bench trial was…
Princenthal & May Secures $2.75 Million Judgment for Client
On Monday, February 13, 2017, Partner Matthew T. Wilson obtained a $2.75 million judgment before Fulton County State Court Judge Patsy Porter, for our injured client! Matthew, as he always does, worked hard for our client, who was lawfully crossing the street in a crosswalk when she was struck by a vehicle. Great job, Matthew!…
E-mail Like It One Day May Be Read Aloud In Court
Negligence & Spoliation Of Evidence leads to Plaintiff Getting Her Day In Court
This case involved an elevator accident. What makes this case especially interesting is that special rules govern the standards of negligence and the preservation of evidence in elevator accident cases. These rules go far beyond what is usually required in a tort claim for negligence. The Georgia Court of Appeals reversed an order for summary…
Service By Publication Allowed Against Defendant Intentionally Evading Personal Service
This case concerned a defendant who was aware that the plaintiff was attempting personal service of the complaint. The defendant intentionally avoided personal service despite several attempts by the plaintiff to perfect service. The Georgia Court of Appeals’ decision in Cascade Parc Property Owners Association, Inc., v. Clark, 336 Ga. App. 99, 783 S.E.2d 692…
Concurrent Employment & Average Weekly Wage In Georgia Workers’ Compensation
According to the Georgia Supreme Court, its recent decision in Fulton County Board of Education v. Thomas, No. S15G1205 (Ga., May 23, 2016), was a case of first impression. Under Georgia’s workers’ compensation law, the amount of an injured employee’s weekly benefit is based upon the employee’s “average weekly wage” over the “13-week period” preceding…
Ct. of Appeals Reverses Summary Judgment
All too often the Georgia Court of Appeals becomes actively involved to deprive plaintiffs of pursuing their claims in court. The opposite is true in this case. The Court of Appeals reversed a motion for summary judgment granted in favor of the defendant in Stephens v. Kmart Corporation, No. A15A2211, Ga. App. March 22, 2016….