Georgia

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…

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ATTORNEY SANCTIONED FOR FRIVOLOUS APPEAL

We believe that every injured plaintiff should have their day in court.    All too often they are deprived of this opportunity.  Most frequently it is the courts themselves that prevent plaintiffs from enjoying a full and fair hearing on their claim. But this can also happen if the injured plaintiff has the wrong attorney.  Plaintiffs…

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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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Attorneys Win Class Certification on Behalf of Tens of Thousands of Georgia Homeowners!

A team of lawyers, including Adam Princenthal, of Princenthal & May, LLC (P&M), were successful in convincing a Federal Judge that State Farm Fire & Casualty Company – the largest homeowners insurance company in the country – must pay its customers for an appraisal of their property to determine whether their homes lost market value…

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Court of Appeals Finds Landlord Not At Fault In Slip & Fall Case

Once again the Georgia Court of Appeals rules against an injured person.  In Cowart v. Schevitz, No. A15A2036 (Ga. App., Feb. 15, 2016), Plaintiff Ada Schevitz slipped and fell, injuring herself.  She later filed suit against the landlord of the premises, Joseph Cowart. Defendant Cowart owned commercial property that he leased to operators of a restaurant. …

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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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GA CT of Appeals Excludes Injured Plaintiffs’ Expert Witness

Another decision by the Georgia Court of Appeals prevents injured plaintiffs from proceeding to trial.  This case, Moore v. Cottrell, Inc., No. A15A0802 (Ga. App., November 20, 2015), sends a message to all Plaintiffs who sue for personal injuries in Georgia.  The message is that the Georgia courts will try to prevent a Plaintiff from…

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GA CT of Appeals Takes Jury Verdict Away from Widow

Connie Daniel’s husband was struck by two different motor vehicles.  He did not survive.  A jury apportioned liability to those responsible for the operation of each vehicle.  On appeal, the Georgia Court Appeals substituted its own judgment for a portion of the jury’s verdict.  This eliminated all liability for those who were responsible for the…

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BEWARE OF STATE: DON’T LET YOUR PERSONAL INJURY CLAIM AGAINST THE STATE BE BARRED

Claims against the state for personal injuries are more difficult to pursue than claims against a private individual or business.  Georgia has created a maze of procedures and barriers that apply only to claims against the government, but not to claims against any other person or entity. This is based on a legal doctrine called…

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