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March 31, 2017

            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 commenc...

March 24, 2017

            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., 2017WL7...

March 15, 2017

            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 ins...

March 7, 2017

           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 accompa...

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