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 […]
Category Archives: Personal Injury
10
Mar
Mar
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 […]
09
Mar
Mar
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 […]
08
Mar
Mar
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 […]
09
Aug
Aug
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 […]
11
Jul
Jul
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), […]
07
Jul
Jul
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 […]