Personal Injury

Personal Injury related topics, laws, ideas, thoughts.

Princenthal & May Secures $2.75 Million Judgment for Client

02/17/2017 | Tags: ,

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!…

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Punitive Damages in a Car Accident?

  Rarely do automobile collision lawsuits involve awards of punitive damages.  This case involved such an award and it was upheld by the Georgia Court of Appeals in Dagne v. Schroeder, 336 Ga. App. 36, 783 S.E.2d 426 (2016). On November 11, 2011, Plaintiff Sue Schroeder picked up her daughter at school and was driving…

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PLAINTIFF LOSES DOG BITE CLAIM ON MOTION FOR SUMMARY JUDGMENT

Plaintiff and her son were denied the chance to present their case at trial by the Georgia Court of Appeals in Swanson v. Tackling, (No. A15A2378, Ga. App. February 24, 2016). On April 26, 2012, Jessica Tackling and her seven-year-old son J.R., along with Jessica’s boyfriend Matthew Day, went to spend the weekend with Julia…

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Plaintiff Loses Claim for Failure to Serve Defendant

This case presents standards set by the Georgia Court of Appeals that can be sufficiently vague that they fail to provide guidance to future plaintiffs.  Such vague standards permit the Court of Appeals to choose the result it wants and then apply the standards to justify its result.  These vague standards can operate to prevent…

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Ct. of Appeals Upholds Judgment Against Injured Plaintiff

An injured plaintiff was denied the opportunity to present his case at trial by the Georgia Court of Appeals in Watson v. Regional First Care, Inc., (No. A15A1708, Ga. App. February 19, 2016).  Although the Court’s analysis in this case is questionable, its opinion demonstrates once again the apparent predisposition of the Georgia Court of…

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HIRING AN EXPERIENCED TRIAL ATTORNEY IS IMPORTANT TO YOUR CASE

If you have a claim for personal injuries, hiring an experienced trial attorney can be very important.  It can only increase your likelihood of obtaining a favorable recovery. In one case,  Mildred Anne Holloway went to a Kroger supermarket on February 5, 2010, which was a rainy day.  As she reached for a shopping cart…

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UNINSURED MOTORIST COVERAGE: BE SURE YOU HAVE AN EYEWITNESS

The Georgia Court of Appeals recently expressed its opinion on an uninsured motorist claim in a case where no eyewitness was present, American Alternative Insurance Company v. Bennett, 334 Ga. App. 713, 780 S.E.2d 686 (2015).  Once again, the Court of Appeals ignored the trial court and ruled in favor of the insurance company, at…

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Injured Plaintiff Loses Premise Liability Claim on Summary Judgment

Esposito v. Pharr Court Associates, L.P., 334 Ga. App. 434, 779 S.E.2d 675 (2015) is a premises liability case in which the Georgia courts prevented an injured plaintiff from presenting her case to a jury.  On July 25, 2011, Barbara Esposito slipped and fell, injuring herself inside the premises of a nursing home operated by…

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Improper Exclusion of Evidence Allows Injured Plaintiff to Get New Trial

An injured plaintiff got a break from the Georgia Court of Appeals in Robles v. Yugueros, 779 S.E.2d 139 (Ga. App. 2015).  The trial court had ruled that certain very important evidence favorable to Plaintiff could not be presented at trial.  The jury returned its verdict against Plaintiff and in favor of Defendants. The Court…

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Injured Plaintiffs Suffer Under GA Supreme Court’s Recent Decision Regarding Apportionment

A recent decision by the Georgia Supreme Court, Zaldivar v. Prickett, 297 Ga. 589, 774 S.E.2d 688 (2015), expands the number of persons or entities at trial to whom the trier of fact can apportion fault.  This includes non-parties.  The decision can have only one effect:  to reduce the amount of a verdict that an…

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