In 2018, the Supreme Court of Georgia in Cooper Tire & Rubber Company v. Koch, 339 Ga. App. 357 (793 SE2d 564), advised that the plaintiff has a duty to preserve relevant evidence when plaintiff actually anticipates or reasonably should anticipate litigation. The above cited case involved a tire tread…
In wrongful death actions, as well as in civil tort cases in general, an injured plaintiff must prove that his injury was “caused by” the defendant in order to recover for his or her injuries. This doctrine, known as the “chain of causation,” stands for the preposition that a plaintiff…
When an individual seeks compensation from a county for injuries or harm suffered arising from some county action or on a premises controlled by a county, the plaintiff must fulfill greater procedural requirements than are required in a civil action against another individual. One of these such requirements is presentment,…
Following Governor Nathan Deal’s veto of a 2016 bill that, if signed, would have authorized prospective suits challenging the constitutionally of states or local laws, the Georgia Supreme Court affirmed a trial court ruling that in effect bars the sort of suits the 2016 bill would have authorized. Generally, state…
What are the odds that six of seven drivers involved in a chain reaction car wreck in Clayton County, Ga., were driving under the influence? At a simple glance, 86 percent of the drivers. Unfortunately, I do not have access to data to crunch the numerical statistics of how often…
On July 1, 2012, Brittany Sailors exited a neighborhood along with two passengers and attempted to turn left onto Lakeview Road near Grayson, Georgia when an oncoming motorist collided into the driver’s side of Ms. Sailors’ vehicle. The force of the impact to Ms. Sailor’s vehicle was so great that…
Yesterday morning, a 25-year-old man was killed near Dacula, Ga., when his vehicle traveled off the roadway and hit a tree. The Atlanta Journal Constitution article indicates that the motorist, Bernard F. Jacques, apparently lost control of his 1997 Honda Civic while driving on New Hope Road near Alcovy River…
On October 8, 2011, a Gwinnett County high school basketball player and three members of his family died in an SUV rollover in Florida. Darrian George was a 17-year-old boy who played basketball for the Norcross High School basketball team. Eight people, including Darrian, were traveling down to Miami for…
According to an Atlanta Journal Constitution article, two adults were injured early this morning when a wrong-way driver crashed into a car head-on on I-85 in DeKalb County, Georgia. Numerous calls were placed to DeKalb County police around 2 a.m. from eyewitnesses. The collision occurred at Clairmont Road in DeKalb…
On September 22, 2011, John Harof and Alexander Delor, two freshmen from the Georgia College and State University were killed in a single car accident in Milledgeville, Baldwin County, Georgia. The two men had graduated together from the Collins Hill High School in Suwanee, Georgia last year. The Atlanta Journal…