July 20, 2020

            On April 12, 2016, Enrique Gonzalez-Nunez was working for Tri State Tire Company, loading and unloading trucks.  Gonzalez-Nunez would also regularly take down the metal bars spanning the inside of the trailer and secured to vertical tracks in the trailer walls.  Prior to loading tires, Gonzalez-Nunez discovered that one of the metal bars was hanging down on the left side of the trailer.  At this point, Gonzalez-Nunez’s manager left to get a tool to take out the screw on the right sid...

June 22, 2020

            On April 11, 2013, John Williams was operating a tractor when he was hit by a dump truck being operated by Rubin Harvey, Jr..  Williams was thrown from the tractor and sustained serious injuries, including brain trauma.  Williams subsequently underwent medical evaluations and participated in physical therapy.  Williams was discharged to his residence five weeks later.  At trial, Williams claimed damages related to dementia, medication required for seizures, trouble walking, becoming...

June 3, 2020

            On July 1, 2016, Yulonda Girardot and her four grandchildren were guests at a Days Inn hotel (the “hotel”). Girardot’s hotel room was located in close proximity to the hotel’s pool. That evening, Girardot and her grandchildren walked to the pool. At some point, Girardot left the pool area to escort her youngest grandson to the bathroom. Girardot and her grandson traversed the same route back toward the hotel room that they had taken to the pool. It was near dusk and lights illuminate...

April 20, 2020

               On March 13, 2020, the court addressed the question of whether a residential rehabilitation facility owed a duty to a program participant who was sexually assaulted after leaving the facility for a job assignment where employment was a required part of the rehabilitation program.  Plaintiff, who had agreed to the rehabilitation program as part of a diversion program to avoid jail time, had missed her bus to work and,...

October 9, 2019

            In First Acceptance Ins. Co. of GA, Inc. v. Hughes, 305 Ga. 489, 492 (2019), the Georgia Supreme Court made clear that “an insurer’s duty to settle arises when the injured party presents a valid offer to settle within the insured’s policy limits.”  In so finding, the Georgia Supreme Court noted an Eleventh Circuit opinion ruling:

[I]f an offer within the policy limits is not a prerequisite to a tortious failure to

settle suit, each insured w...

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