September - 2019

Court Clarifies Choice of Laws Issue

On February 13, 2016, 14-year-old Tomari Jackson drowned while swimming in a river on a school trip in the country of Belize. His mother, Adell Forbes, filed an action on March 24, 2017, against the resort, its owner, Cobb County Government, Cobb County School District, and the chaperones on the trip. Forbes asserted claims for her son’s personal injuries before his death and for his wrongful death. The trial court dismissed the government and school district officials on the

Court Rejects Renewal of Flawed Original Action

On April 18, 2013, Regina Jenkins was driving with her mother, Sarah, when Kyle Keown rear-ended them and caused them both injuries. The Jenkins filed suit against Keown on April 17, 2015, two days before the expiration of the two-year statute of limitation. After more than one year, the Jenkins attempted to serve Keown at his mother’s home in June 2016. GEICO Indemnity Company (“GEICO”), the uninsured motorist carrier for Sarah, filed an answer and later moved for summary

Georgia Court of Appeals Addresses Interplay of Apportionment and High/Low Agreements

The Georgia Court of Appeals recently evaluated the trial court’s authority to apportion between two claims pursuant to a “High-Low” settlement agreement when the agreement is silent on the issue. A high-low agreement is a settlement agreement which sets a fixed range for payment such that the defendant agrees to pay the plaintiff a minimum recovery and plaintiff agrees to accept a maximum amount based on the possible outcomes at trial. This issue was presented to the court

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