December - 2020

Insurers Must Pay Close Attention to Statutes When Attempting to Limit Coverage

On January 31, 2016, officers with the City of College Park were chasing a vehicle that collided with the vehicle of a third party, killing three of the occupants. Atlantic Specialty Insurance Company v. City of College Park, --- S.E.2d ----; 2020 WL 6390041 (November 2, 2020). The estates of the occupants sued the City of College Park alleging the officers’ recklessness caused the accident. Atlantic Specialty Insurance Company (“Atlantic”), the insurer for the City of Colleg

Court of Appeals Wrestles with Exclusive Remedy of Temporary Employee of Subcontractor

CPPI was hired by Savannah-Chatham County Schools to build a school. The construction management agreement provided that CPPI would complete the work in accordance with all applicable laws, including OSHA and Department of Labor rules and regulations. In the scope of that work, CPPI contracted with Tony’s Jons to provide portable toilets for the construction site. Brack was hired through a temp agency to work for Tony’s Jons. Brack placed six toilets at the site and clean

Res Judicata and Burden of Proof Issues in Case Involving Spinal Cord Stimulator

On October 29, 2020, the Georgia Court of Appeals held that (1) res judicata did not bar a claimant's second claim for a spinal cord stimulator, and (2) the employer, not the claimant, had the burden of proof regarding the medical necessity of the stimulator. Trejo-Valdez v. Associated Agents, No. A20A1499, 2020 WL 6335980, at *1 (Ga. Ct. App. Oct. 29, 2020). Claimant sustained a compensable back injury while working for Employer. Following two surgeries, the authorized treat

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