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Articles Posted in Expert Evidence

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Court Addresses Admissibility of Witness Testimony in Fatal Georgia Motorcycle Accident Lawsuit

The sad reality is there are over a thousand people killed every year in Georgia accidents but not all of them should be lawsuits. This is the woeful tale of a dimwit attorney filing a lawsuit on behalf of a motorcyclist who was clearly hauling way to fast down the…

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Georgia Court of Appeals Determines Whether Jurors May Use the Sense of Touch in Assessing Evidence

In a recent medical malpractice decision, the Georgia Court of Appeals addressed an intriguing issue concerning whether jurors may use the sense of touch in weighing evidence.  The decision, Piedmont Newnan Hospital, Inc. v. RA-085 Barbour, arose from an alleged act of medical negligence that occurred during the course of…

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Georgia Court of Appeals Affirms in Jeep Product Liability Suit

Although we expect all products to function as anticipated, that is especially true for those products on which we rely to provide safety during dangerous situations.  Indeed, when the risk of harm is high, an equipment failure can lead to truly tragic results. This type of product failure was at…

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Georgia Court of Appeals Examines “Pronounced Results” Exception’s Effect on Expert Affidavit Rule

Georgia law requires that a plaintiff in a medical malpractice action provide an expert affidavit that must generally set forth the defendant’s failure to comply with the applicable standard of care. See O.C.G.A. § 9-11-9.1(a). Failure to comply with this requirement renders one incapable of successfully advancing a medical negligence…

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Federal District Court Denies Summary Judgment in Auto Accident Negligence Case

Not all plaintiffs are the same, and there are many problems that can arise in injury litigation when a plaintiff with preexisting medical conditions is injured, since these preexisting conditions can make determining the exact source of symptoms exceedingly more complicated. Indeed, causation is a critical element for proving a…

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