Courts Must Construe Evidence Favorably to the Party Prevailing Before the State Board of Workers&#3

In the Court of Appeals of Georgia, Appellant, Autozone, Inc., sought review of a judgment that reversed a ruling of the State Board of Workers' Compensation (the “Board”), which denied certain benefits to the Appellee, Eulalia Mesa. Autozone, Inc. v. Mesa, 2017 WL 3994457 (Ga. Ct. App. 2017). In November 2010, Appellee was working for Appellant as a clerk and delivery driver. While out on a delivery, the truck that Appellee was driving was “rear-ended” by another car, injuring her back and neck. Shortly after the accident, Appellee returned to light-duty status with Appellant, and in January 2011, a treating physician cleared her to resume her delivery duties. In January 2012, Appellee

Expert Testimony Must be Qualified, Reliable, and Relevant

Following a tragic fire at Appellant Debbie Cash’s home, Cash and her surviving daughter filed suit against LG Electronics, Inc. (“LG”) alleging strict liability and negligence. Cash v. LG Elecs., Inc., 2017 WL 3929083 (Ga. Ct. App. 2017). The investigation into the fire by the Gwinnett County Fire Department determined that the fire started in the vicinity of the living room’s entertainment center. However, the fire department was unable to specifically determine the origin of the fire. Cash claimed that an internal component of her LG television failed due to a manufacturing defect and was the cause of the fire which resulted in the death of Cash’s husband and son. Cash attempted to int

Court of Appeals of Georgia Denies Action for Third-party Spoliation of Evidence as Unnecessary

On May 11, 2013, Kenneth Phillips was involved in an auto accident in which his vehicle flipped. The accident was caused by a tire blowout. As a result of the accident, Phillips suffered severe injuries that required extensive medical treatment. The vehicle was deemed to be a total loss. Phillips held an auto insurance policy with Owners Insurance Company (“Owners”). Phillips and Owners agreed to a settlement where Phillips would transfer title to the vehicle to Owners, and in exchange, Owners would settle Phillips’ property damage claim. Nearly a year and a half later, Owners sold the vehicle so as to not incur further storage charges. Phillips later brought suit against the tire manu

The Supreme Court Holds that Unaccepted Rule 68 Offer Does Not Per Se Moot Plaintiff’s Claims or Def

The United States Navy contracted with the Campbell-Ewald Company (“Campbell”) to develop a multimedia recruiting campaign that targeted 18 to 24 year-olds. As part of the campaign, text messages were sent to individuals that had “opted in” to the receipt of marketing solicitations that included Navy service. Over 100,000 individuals were sent text messages based on a list compiled by a Campbell subcontractor. One individual, Jose Gomez, claimed that he did not consent to receiving text messages, and at age 40, he was not even in the target class. Gomez then filed a nationwide class action, alleging that Campbell violated the Telephone Consumer Protection Act (“TCPA”), which prohibits th

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