There was an article in the New York Times two weeks ago entitled “Phone Makers Could Cut Off Drivers Why Don’t They?” The article asked if it is easy to disable the phone at road speeds, why don’t phone makers do that and cut down on texting and driving. My…
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,…
Jury neutrality is a cornerstone principle of American jurisprudence. Accordingly, prior to trial, litigants are entitled to question jurors about a variety of topics that may weigh on each prospective juror’s ability to render judgment in a fair manner. In auto accident cases, specifically, jurors are typically questioned about various issues, including…
Uninsured and Underinsured Motorist Insurance LawsUninsured/ Underinsured Motorist Insurance www.SIMON.law cms@simon.law Materials Available Later Today at www.Simon.law under Legal Resources Section What is UM Insurance? UM insurance is insurance against the lack of insurance. How to Find and Stack Policies? Who insures the car your client was in? Is your…
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…
In many of the rural parts of our state, it’s not uncommon for property owners to burn vegetation or other materials on their property. Although these burnings are regulated and are typically performed without incident, they do pose some hazards. Indeed, in a recent decision, Grant v. Georgia Forestry Comm.,…
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…
When confronted with emergencies, even the most sensible people often fail to act with the reasonableness they would display in calmer circumstances. Given that the key inquiry in ascertaining negligence liability is whether one’s conduct was reasonable under the circumstances, it follows that the existence of an emergency should factor…
In an earlier post, we looked at an intriguing Court of Appeals decision in which the Court ruled that when a dog had a non-existent or nominal fair market value, the damages recoverable for the negligent death of a pet were limited to the actual value of the pet, which included economic…
Courts in America are generally known for their broad discovery rules. Indeed, litigants in American courts, both state and federal, have access to a far wider scope of information than their peers in foreign legal systems. Notwithstanding the expansive breadth of American discovery rules, courts play little role in the exchange of…