Category Archives: Personal Injury

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 […]