Spoliation is a concept in litigation that you never want asserted against your client. It can turn a seemingly defensible case into one where, as a defense attorney, you need to tell your client to resolve the case. When juries hear evidence about a party allegedly destroying relevant evidence, it …
The Georgia Court of Appeals has overruled a line of decisions “unintentionally changing the meaning of the general rule with regard to how the grace period should be calculated.” Giles v. State Farm Mutual Insurance Company, A14A1276 (Nov. 5, 2014). The Court of Appeals explained that these decisions “incorrectly stated …
Damage to Property Rights – The Old View Previously, the Georgia Court of Appeals held that the “[m]edical expenses, incurred for treatment of a minor child’s injuries, and the loss of the child’s services, when caused by the tortious act of another, are elements of damage to the father’s property …
The Georgia Supreme Court favors plaintiffs, ruling that it is a jury question whether a business owner is liable for a police officer’s actions. In a ruling favorable to the plaintiff’s bar, in determining who may be responsible for the actions of an off-duty cop while doing side or “extra …
The Georgia Court of Appeals has reversed an award of summary judgment in favor of a motorist whose tractor ran out of gas. Eric Skrine was operating a tractor for MST Transportation on Moreland Avenue in Atlanta when he ran out of gas. At the time, he was in the …
Recently, a New York City family court recently ruled that serving a defendant via Facebook was a valid form of service of process. The judge ruled that because the plaintiff tried all available means available to serve the defendant, the plaintiff could send a digital copy of the summons and …