TIME LIMITED DEMANDS Anderson v. Jones (10/3/22) by Chelsea Cooke Holding: Court of Appeals vacated and remanded the case on a denial of defendant’s motion to enforce, holding that the plain language of O.C.G.A. § 9-11-67.1(c) allowed 30 days to accept an offer of settlement, and that the plaintiff’s demand …
INSURANCE Owens v. Progressive Premier Ins. Co. of Ill. (9/1/22) by Diana Moore Holding: Georgia Court of Appeals affirmed the trial court’s finding that Plaintiff’s failure to notify the UM carrier of the accident until one year after it occurred was unreasonable and unjustifiable as a matter of law. Key …
PREMISES LIABILITY Callaway Gardens Resort, Inc. v. Grant et al. (8/31/22) by Diana Moore Holding: Court of Appeals reversed the trial court’s grant of partial summary judgment to the plaintiffs on the issue of causation finding that plaintiff’s arguments created circumstantial evidence, which created a jury question as to causation …
CIVIL PROCEDURE Rosser v. Lynn et al. (9/7/22) by Diana Moore Holding: The Court of Appeals vacated the trial court’s judgment and remanded the case with direction after the trial court failed to make an initial determination on the record as to whether the Plaintiff exercised due diligence in …
GENERAL TORTS Stembridge v. Pride Utility Construction Company, LLC (9/7/22) by Diana Moore Holding: Court of Appeals affirmed the grant of summary judgment to defendant at fault driver’s employer, citing there were no “special circumstances” in this case that would overcome the general rule that an employer is not liable …
At noon, on September 25, 2020, a propane leak from the living room fireplace ignited, leveling the home of Carolyn Hayes in Dawsonville, Georgia. Angela Frady, Mrs. Hayes’ adult daughter, was in the home at the time of the fire and suffered life-threatening burns to 80% of her body. She was rushed …