Employee Who Failed to Disclose Prior Work Injury Still Entitled to Workers’ Comp Benefits

Employee Who Failed to Disclose Prior Work Injury Still Entitled to Workers' Comp Benefits

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 wrote the “majority opinion.”  Three more judges concurred in part of that opinion and concurred in the judgment reached.  Three more judges concurred in […]

Business Records Properly Admitted Into Evidence at Trial

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

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!

Negligence & Spoliation of Evidence Leads to Plaintiff Getting Her Day 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

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 (2016), […]

Concurrent Employment & Average Weekly Wage in Georgia Workers’ Compensation

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 the […]

Court of Appeals Reverses Summary Judgment

Court 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. Nadine […]

Punitive Damages In a Car Accident

Punitive Damages In a Car Accident

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 […]

Defendants Obtain Reversal of Default Judgment

Defendants Obtain Reversal of Default Judgment

Defendants Obtain Reversal of Default Judgment This case began when Met-Test, LLC, filed suit in magistrate court to collect unpaid bills from Sondi Moore-Waters, a physician,.  The magistrate court dismissed the suit, and Med-Test appealed to Fulton County Superior Court.  Med-Test moved to amend its complaint to add two defendants:  Alphonso Waters, Moore-Waters’ husband and […]

Plaintiff Loses Dog Bite Claim on Motion for Summary Judgment

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 and […]