If an experienced user attempts to repair a three-decade-old machine that he historically operates on a daily basis – and knows the myriad of dangers that comes along with such an endeavor – does it take a jury of his peers to decide whether he assumed the risk of injury …
The Georgia Supreme Court has raised the bar on when a party must preserve evidence. It is clear that the duty to preserve relevant evidence arises when litigation is reasonably foreseeable to the party in control of evidence. Actual notice from a potential plaintiff clearly makes litigation foreseeable. However, constructive …
This week, the Georgia Supreme Court continued its broad interpretation of the “apportionment statute,” which favors defendants in that it permits juries to “…consider the fault of all persons or entities who contributed to the alleged injury or damages.” O.C.G.A. § 51-12-33(c). Zaldivar v. Prickett, GA S.Ct. No. S14G1778 (decided …
Georgia Supreme Court Permits Discovery of Billing Information as “Relevant to Reasonableness” of Hospital Charges In a hospital lien dispute between a patient and the hospital where she was treated after an automobile accident, the hospital filed suit seeking payment of its $21,409.59 lien. The patient filed an answer and …
In a recent Indiana case concerning the Indiana Tort Claims Act (“ITCA”) and Indiana’s discovery rule regarding claims against local or state governmental agencies or entities, Plaintiffs Michael and Denita Lyons appealed the trial court’s grant of summary judgment in favor of Defendants Richmond Community School Corporation. Lyons v. Richmond …