In Simmons v. Bates, the issue before the Court concerned whether a binding settlement agreement had been formed, not whether a valid bad faith failure to settle claim existed against the insurer. But, in deciding the former, did the opinion provide helpful insights concerning the latter? The opinion noted that …
Candice Bryant and Robb Cruser won summary judgment, with the U.S. District Court finding, “A person exercising ordinary care would have knowledge of the existence of a wet floor in the proximity had they observed an employee mopping and a mop bucket, putting aside the issue of whether Plaintiff saw …
Taylor v. Devereux Foundation, Inc. et al. (3/15/23) by Charles Jones The Georgia Supreme Court recently upheld OCGA § 51-12-5.1(g), Georgia’s statutory cap on punitive damages. Punitive damages are different from the standard compensatory damages because they are awarded for the purpose of punishing or deterring the defendant rather than …
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 …
Is a Golf Cart a Covered Vehicle Sufficient to Trigger Insurance Coverage? Short Answer: No, Summary Judgment granted. Order Granting GEICO’s MSJ
The Supreme Court’s recent 7-2 decision in Gallardo v. Marstiller expands the scope of Medicaid lien claims and is likely to affect the settlement of Medicaid beneficiaries’ personal injury cases. The majority opinion holds that Medicaid agencies may reimburse themselves for past Medicaid expenses out of settlements and awards reserved …