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Negligence

Federal District Court Grants Motion in Favor of Atlanta’s Veterans Affairs Medical Center

Although medical malpractice suits against the VA are often complicated by the specialized requirements under the Federal Torts Claims Act or the unique rules for medical malpractice actions pursuant to Georgia state law, sometimes the issue holding a case back is simply the theory of liability, the evidence provided, or failing to proactively litigate. These…

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Court of Appeals Affirms in Medical Malpractice Case

In the overwhelming majority of medical malpractice cases, a plaintiff will need to provide expert testimony in order to succeed on his or her claim. Expert testimony is necessary, since a typical juror cannot make a determination regarding whether a physician has breached his duty of care without the aid of an expert who can…

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Georgia Court of Appeals Determines Workers’ Compensation Liability of Contractor Employer

Although it’s common knowledge that workers’ compensation law prevents, in most circumstances, an employee from suing his or her immediate employer for injuries sustained in the course of employment, few know that the provisions barring suit can also extend immunity to contractors of the employer. The scope of tort immunity under Georgia’s workers’ compensation statute…

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Federal District Court Grants Summary Judgment in Favor of Publix in Premises Liability Case

A common issue that arises in slip-and-fall litigation is whether the business owner had knowledge of the foreign substance on which a plaintiff slipped and fell. Given that employees are generally not inclined to acknowledge their actual knowledge of the dangerous condition, plaintiffs must typically use direct or circumstantial evidence to show “constructive knowledge” of…

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Georgia Court of Appeals Affirms in Suit Against City for Sewage Backup

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 on a negligence claim without proving all or some of the aforementioned factors. Among these doctrines is res ipsa loquitur,…

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Georgia Court of Appeals Affirms Decision Denying Arbitration

Since passage of the Federal Arbitration Act of 1925, arbitration clauses have become a commonplace, if not boilerplate, provision utilized in contracts executed in the United States. However, given the ubiquity of adhesion contracts, many people are often unaware they are waiving the right to have their grievances decided in court and, more importantly, many…

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