Category Archives: Personal Injury

Georgia Personal Injury Guide

Georgia Personal Injury Guide

The Georgia Personal Injury Guide was created by Princenthal, May & Wilson, LLC, to help injured residents recover the compensation they deserve from the negligent party. Personal injury is a term that can mean a lot of things. There are many different types of accidents that can fall under the category of personal injury. We […]

Court Finds Arbitration Clause Waived Due to Delay in Demanding Arbitration

Court Finds Arbitration Clause Waived Due to Delay in Demanding Arbitration

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. Relevant facts were not in dispute.  SunTrust Bank loaned about $500,000 to L-T […]

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 […]

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 […]