Court of Appeals Upholds “Absurd” Situation

Recently, the Court of Appeals declined to add language to O.C.G.A. §9-11-68 regarding rejection of offers. See Harris v. Mahone, A16A1748 (Ga. App. March 1, 2017). In a case involving a negligence action, Stanley Mahone (hereinafter “Mahone”) sent a settlement offer on September 8, 2015, to Timothy Harris (hereinafter “Harris”). Harris rejected Mahone’s offer on September 11, 2015, by sending a counter-offer. A jury trial commenced on October 5, 2015, and ended on October 8, 2015, with Mahone never rejecting Harris’ offer, nor Harris rescinding the offer. The jury awarded Harris an amount over 125% of his counter-offer. On November 1, 2015, the trial court entered the final judgment.

The Court of Appeals of Georgia Emphasizes the Strict Requirements to Move an Action Out of a Proper

On July 29, 2014, Stephen Prince was driving a vehicle while in the course and scope of his employment with West Metro Glass Inc. (“Metro Glass”) when he collided with a vehicle driven by Donna Burchfield. Subsequently, on March 24, 2015, Burchfield filed an action in the State Court of Fulton County against Prince and Metro Glass for her alleged injuries from the collision. Burchfield v. West Metro Glass Company, Inc., 2017WL715942 (Ga. Ct. App. 2017). Defendants timely filed their answer and included improper venue as a defense; however, defendants never filed a notice to remove the action from Fulton County. Rather, on November 11, 2015, defendants filed a motion to transfer venue. O

Georgia Supreme Court Expands the Settlement Conditions That May Be Imposed Upon Insurers

On March 6, 2017, a divided Georgia Supreme Court held that an insured is not precluded from demanding timely payment as a condition of acceptance of a pre-suit settlement offer. Grange Mutual Casualty Company v. Woodard, 2017WL875034 (Ga. 2017). The ruling expands the array of conditions that may be imposed upon insurers. An insured will not be barred from adding other conditions necessary to consider an offer accepted and the insurers may face bad-faith claims if they do not comply with the contractual requirements of the imposed conditions. This ruling results from a case involving a 2014 fatal motor vehicle accident in which a car driven by Thomas Dempsey hit a pickup truck driven by

Claims Against a Jail’s Care Contractor Dismissed Even after a Failure to Complete Required Forms

The Superior Court of Fulton County dismissed claims against Corizon, Fulton County Jail’s care contractor, for failing to adequately demonstrate that Corizon’s actions/omissions were the proximate cause of the 2014 murder of Demontae Ware. Ware v. Jackson, et al., 2016WL4239498 (Ga. Super. 2016). Additionally, the Court held that the claims against Corizon must be dismissed because they sounded in medical malpractice and were not accompanied by an expert’s affidavit, as required by law. The dismissal leaves all claims against Sheriff Ted Jackson and several jail employees in place. In September 2014, Ware was being held in the Fulton County Jail. Another inmate, Bobby Wynn, was being mo

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