In order to successfully assert negligence, a plaintiff must generally prove four elements: duty, breach of duty, causation, and damages. However, certain evidentiary and negligence doctrines allow a plaintiff, in certain circumscribed situations, to win
Those experienced with the law know that courts are institutions of procedure. Although many associate this exacting adherence to process with the rules to which the parties in litigation must abide, the court itself is
Successfully asserting negligence claims against the State or a municipality can be a difficult task. However, success is possible. In a recent decision, City of Atlanta v. Kovalcik (PDF-embedded link), the Georgia Court of Appeals affirmed
Although employers are not liable for every injury caused by an employee, the doctrine of respondeat superior does make an employer liable for certain injuries caused by an employee acting within the scope of his
Although it’s sensible to believe a city may be held liable to failing to act when such failure results in the injury to one of its citizens, cities are often not as accountable for the
Anyone who routinely watches the evening news is well aware that high-speed police chases are not uncommon. While considerable reporting time is spent discussing these events, one wrinkle that is sometimes overlooked in these discussions is
As Judge McMillian mentioned at the beginning of his opinion, the Georgia Court of Appeals is very familiar with the facts of Graham v. City of Duluth. This opinion was the third that the court
It is an ordinary impulse to think that the government, state or federal, should be subject to the same rules of accountability as ordinary businesses and citizens when it comes to injuries associated with the
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