The Court of Appeals recently interpreted the 2021 version of OCGA 9-11-67.1, in Diaz v. Thweatt, No. A24A1062, 2024 WL 4500692, (Ga. Ct. App. Oct. 16, 2024). The Court’s opinion has significant implications for recipients of demands in Georgia for tort claims arising from the use of a motor vehicle and should provide additional protection for insurers from bad faith claims.
McMickle, Kurey & Branch, LLP partners Scott McMickle and Michael Johnson recently obtained a very favorable result in a wrongful death trial against a trucking company in Clayton County State Court.
McMickle, Kurey & Branch, LLP partners Zach Matthews and Luke Kennedy obtained a de facto defense verdict in an admitted liability truck wreck case in Hall County State Court before Judge Amy Robertson (Misty Crawford v. Chastain Janitorial Services, et al).
In what may become a landmark decision, the 11th Circuit recently took the opportunity presented by a case involving “judge-created” Florida maritime law to roundly criticize medical billing practices in connection with litigation. In August 2020, the 11th Circuit decided the case of Higgs v. Costa Crociere S.P.A. Co., 969 F.3d 1295, 1308 (11th Cir. 2020).
Federal Rule 26(a)(2) is familiar to many litigators as the rule governing expert witness disclosures. The rule has two important subparts: Rule 26(a)(2)(B) (the “classic” expert witness disclosure rule), and Rule 26(a)(2)(C) (the “abrogated” expert witness disclosure rule).
Increasingly, a cause of automobile accidents is a driver’s use of a cellphone. While this has been a major problem for many years, the Georgia legislature recently attempted to minimize a driver’s use of a cellphone by passing a new law – O.C.G.A. § 40-6-241.
A common, but mistaken, belief is that the investigation of a serious wreck will be adequately handled by the police or their insurer. However, police resources are often stretched very thin. Even when police have sufficient time and resources to investigate an accident, they may not have adequate training to identify subtle evidence or make complex calculations to figure out what happened.
