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Articles Posted in Wrongful Death

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Georgia Court Decides Whether Wrongful Death Claim Is Limited by Previous Personal Injury Claim

Georgia’s Supreme Court recently issued a decision deciding whether a wrongful death suit can be limited by a previous personal injury claim for the same accident. The plaintiff, through her husband, filed a personal injury suit against Toyota after a car accident left her in a coma. The coma was…

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Drowning Adults Have a Tough Road in Court Because of Assumption of the Risk

In a recent Georgia injury case, the court considered the drowning of a 20-year-old college student while he was studying abroad in Costa Rica. His university offered students a 12-day trip. They had to pay a fee that went toward the trip expenses as well as a per credit tuition…

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Wrongful Death Due to Georgia Security Guard’s Negligence

A recent Georgia premises liability and wrongful death case shows how apportionment law can complicate a solid case. The victim was murdered in the parking lot of a gated community. His wife sued the condominium complex and its security firm for negligence in failing to keep the premises safe despite numerous…

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Georgia Court of Appeals Denies Defendant’s Clever Attempt to Escape from Liability

Naming the right Defendant in a timely manner is obviously important in lawsuits but if you make a mistake and the defendants knew you made a mistake, then the Defendant is not getting out of a meritorious case. For instance, in one case, the Georgia Court of Appeals addressed an interesting issue…

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Georgia Federal Court Dismisses Inmate Stillborn Birth Case

For soon-to-be parents, quality prenatal care is of the utmost importance. Although finding quality prenatal health care providers is often a difficult undertaking for many people, the task can be even more difficult for women who find themselves behind bars during a pregnancy. Indeed, in a recent decision, Durden v. NaphCARE,…

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Supreme Court of Georgia Rules on Novel Medical Negligence Defense

In 2007, the Georgia legislature adapted existing state laws concerning powers of attorney and living wills and adopted the Advance Directive Act. This Act streamlined existing state laws to make it simpler for a citizen to declare preferences for medical treatment and appoint someone to make medical decisions on his or her…

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Are Georgia Parks immune from Lawsuits When they don’t charge Admission?

Situated just outside Atlanta, Stone Mountain Park serves as a venue for many important Metro Atlanta outdoor events. Although most are characterized only by revelry, not all go off without incident. Indeed, one such unfortunate event was at the heart of a recent decision from the Georgia Court of Appeals, Stone…

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Georgia Court of Appeals Splits on City’s Possible Liability for Minor’s Suicide

Dealing with the suicide of a loved one is always a tremendously difficult task. Unfortunately for some, this pain and grief can, in certain circumstances, be exacerbated by an indication that the acts of another party motivated the suicide. Although the conduct of others can clearly contribute to someone’s decision…

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