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Articles Posted in Wrongful Death

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The Name of the Game is Blame: The Saga of Apportionment, Part Two

There have been two  recent appellate decisions in Georgia that address the morass that is apportionment:  FDIC v. Loudermilk, No. S18Q1233 (Ga. S. Ct. March 13, 2019) and Trabue v. Atlanta  Women’s Specialists, LLC, No. A18A1508 (Ga. Ct. App. March 7, 2019).   Since the Georgia Legislature passed a new scheme…

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The Problem with Juror No. 7: When Can the Trial Judge Remove a Juror?

    I have been following the talc trials against Johnson & Johnson regarding the claims that their powder product gives women ovarian cancer and lung cancer. I hope you have been, too.  They are, obviously, very interesting.  I can’t look at the Johnson & Johnson powder of bottle sitting on…

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Georgia’s Hands-free Distracted Driving Bill: What you need to know

In a series of blogs I wrote last summer on distracted driving, I laid out some of the problems with the advancing technology we have readily available to us at our fingertips. The use of social media apps like Snapchat and Instagram while driving has led to many fatal or…

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My Car Was Totaled in a Wreck: Can I Get Rid of It?

  The short answer is maybe. One of the first questions many of my clients have after they have been in a car wreck is whether they can accept the insurance company’s pay-off for their totaled car.  Most people need the pay-off money to be able to buy substitute transportation…

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Is a Text Message Worth the Price of Losing a Life?

In Washington last month, Governor Jay Inslee took a step towards improving the safety of his streets by signing a law prohibiting the holding of any electronic device (cell phones, tablets, etc) while driving or waiting at a stop light. The law will go in effect in July due to…

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Georgia Supreme Court Fails to Recognize That Suicide May Be Foreseeable Following Cyberbullying Incident

  Many of you readers know I have often blogged, tweeted and spoken in public about suicide and what we as someone’s friends, family or colleagues can do to recognize a real suicidal threat and what we can do to get help to someone before he or she attempts to…

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Suicide Case to be Argued Tomorrow Before the Georgia Supreme Court

As many of you know, I often watch oral arguments in the Georgia Supreme Court via its livestreaming capability on its website.   I encourage you to watch, as well. If you are reading my blog it means you must be interested in Georgia law, and what better way to gain…

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DeKalb County Jury Returns $3 Million Verdict Today Against DeKalb Medical Center

  Today, a DeKalb County jury returned a verdict against two nurses who are employees of DeKalb Medical Center in the amount of $3.012 Million.  The case is  Edwards v. Nicome, et al., 11A36121. filed in the DeKalb County State Court.  The case  centered around the May 2009 death of Shari…

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Death in a Georgia Jail: Does Anyone Have Any Responsibility Under Georgia Law?

Two interesting but diametrically opposed cases came out last month dealing with deaths of prisoners in Georgia jails.  One came out in favor of the prisoner who was killed. The other came out in favor of the police department.  Why?  I thought it would be interesting to take a look…

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