As strides in medical treatments and technologies continue to be made, the life expectancy of Americans continues to rise. However, notwithstanding the benefits associated with increased life expectancy, many of those of advanced age will need living assistance of some variety at some point, including hospice care in the later stages…
Atlanta Injury Attorney Blog
Georgia Court of Appeals Rules that One May Assume Risk of Falling at Medical Facility
Assumption of risk is among the most commonly invoked defenses in negligence cases. Given that the defense has existed as long as the common law and is so frequently raised by defendants in negligence cases, courts have been forced to address the contours of the defense’s applicability for hundreds of years. In…
Georgia Court of Appeals Examines Where Venue is Proper in a Medical Negligence Case
Although we consider gamesmanship in the selection of where a case should be filed to be a more prevalent issue in the federal court system, arguments regarding the venue of cases are not uncommon in Georgia courts. Plaintiffs may often find a material advantage to having a case heard in a…
Georgia Federal Judge Denies New Trial in Tractor Trailer Accident Case
Although we generally associate the challenging of a judge’s ruling with part of the appeals process, there are many instances when a litigant may request a judge to reconsider his or her own decision. As one can expect, asking a judge to reverse himself can be a tricky proposition. Indeed, as…
Georgia Court of Appeals Reverses in Auto Accident Decision
Obtaining recovery for physical injuries or property damage resulting from a car accident is often not a straightforward endeavor. Indeed, many drivers involved in car accidents expect to deal with some amount of insurance wrangling or, in more complex situations, litigation. However, as the plaintiff in a recent case before…
Rainy Day Slip and Fall Cases are Still the Worst
We regularly review the verdict reporters for details about case verdicts and settlements to stay abreast of legal developments. We have written extensively before about how difficult slip and fall cases on rainy days can be and yet another defense verdict out of the US District Court for Atlanta affirms…
Divided Georgia Court of Appeals Affirms in Negligence Suit Involving Woman Assaulted While Under Anesthesia
There are many fears one may have when faced with the prospect of going under anesthesia for a medical procedure. Not likely among the many thoughts you may have, however, is that a medical professional would take advantage of you while in this vulnerable state. Even though this risk may not spring…
Georgia Court of Appeals Reverses in Elevator Injury Case
Elevators are among the tremendously useful inventions of the modern era. Indeed, buildings would have never reached even half of the astronomical heights they have attained in the elevator’s absence. Along with being a modern necessity, however, elevators can be incredibly dangerous when not properly maintained. Although a shoddy cable…
Injury at Sporting Events Case Expands
A little over a year ago, we reported on the case of 6 year old girl who was severely injured by a foul ball at a Braves game in 2010. Her parents were originally suing the owners of Turner Field for negligence related to the absence of safety netting around…
Georgia Court of Appeal Reverses in MARTA Negligence Case
Under Georgia law, a defendant’s admission of liability may be presented as evidence in a negligence case. Admissions of liability can have considerable influence on juries, so determinations regarding which evidence may properly be considered an admission are often hotly contested. Although trial courts have considerable discretion in making such evidentiary…