QUESTION: Is Claimant’s late notice to his UM Insurer excused if he didn’t realize the extent of his injuries and thought the Defendant’s liability insurance would be enough to cover claim? ANSWER: It is a “fact-based” question so it depends on the facts. Sometimes, yes. Sometimes no. YES: See Progressive …
We need to report a significant case from the Georgia Supreme Court which is adverse to defendants on apportionment in Georgia. In sum, Georgia law on apportionment before the ruling was that Georgia was a “pure apportionment” state and so, a defendant could push apportionment of fault onto a nonparty tortfeasor. In …
Depends on date of loss and who you ask. Date of Loss Judge Order August 14, 2018 Stephen G. Scarlett, Sr. Yes November 1, 2018 Tilman E. Self No Until this is sorted out, the prudent path is to assert a Statute of Limitations defense. Stay tuned. Order Miranda …
At trial, Plaintiff requested and got a spoliation charge concerning portions of a video that MARTA failed to produce concerning a fall case. That evidentiary victory sowed the seeds to appellate defeat. The Georgia Court of Appeals reminded that “[p]rior to charging the jury on spoliation, the trial court must …
SCENARIO: $100,000 billed to Plaintiff for a surgery center “facility fee” where the provider accepts $10,000 for full payment. QUESTION: In seeking recovery for this medical bill, what amount should Plaintiff be able to “blackboard” to a jury? The inflated, billed amount ($100,000) that Plaintiff didn’t pay and isn’t responsible …
The Georgia Supreme Court just gave defendants in Georgia a big victory as related to rulings on Default for untimely answer. The former rule put a very heavy burden on the defendant which was quite difficult to overcome. The new rule makes the burden much less onerous, thereby affording a defendant a …