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Judge Rules Insurer May Be Liable for Child Injured Due to “Negligent Supervision” — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/07/judge-rules-insurer-may-be-liable-for-child-injured-due-to-negligent-supervision.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. July 7, 2015. Judge Rules Insurer May Be Liable for Child Injured Due to Negligent Supervision. By Benjamin S. Persons, IV. In Georgia, an employer is normally liable for the tortious acts of its employees. This is known as the doctrine of respondeat superior. But what happens when an employee injures someone outside the scope of their employment? A federal judge in Valdosta recently addressed such a situation. Judge Lawson did grant the in...
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Accident Victim May Learn If Hospital Overcharged Her for Surgery — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/06/accident-victim-may-learn-if-hospital-overcharged-her-for-surgery.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. June 23, 2015. Accident Victim May Learn If Hospital Overcharged Her for Surgery. By Benjamin S. Persons, IV. Bowden v. The Medical Center, Inc. The hospital then filed what is known as an interpleader action in Georgia state court. Basically, an interpleader is someone who holds property on behalf of another but is unable to determine who to give it to. Here, the hospital paid the $25,000 to the court and asked it to litigate the d...In co...
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Georgia Judges Spar Over Meaning of Defendant's Words in Accident Case — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/08/georgia-judges-spar-over-meaning-of-defendants-words-in-accident-case.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. August 2, 2015. Georgia Judges Spar Over Meaning of Defendant’s Words in Accident Case. By Benjamin S. Persons, IV. Get your story straight is good advice in life, and particularly when dealing with litigation. When a party to a personal injury lawsuit offers contradictory testimony, it can have a devastating effect on their case. In Georgia, courts enforce what is known as the Prophecy. Whole Foods Market Group, Inc. v. Shepard. This case ...
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Georgia Supreme Court Rejects Accident Victim's Efforts to Collect on Judgment — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/06/georgia-supreme-court-rejects-accident-victims-efforts-to-collect-on-judgment.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. June 9, 2015. Georgia Supreme Court Rejects Accident Victim’s Efforts to Collect on Judgment. By Benjamin S. Persons, IV. Winning a personal injury judgment is not always the end of the matter. If a defendant or his insurance company refuses to pay up, a victim may face years of additional court proceedings. In some cases, a victim may even have to fight his or her own insurance company, as a recent Georgia Supreme Court decision. The legal...
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County May Be Liable for Fire Truck That Hit Passenger Vehicle — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/06/county-may-be-liable-for-fire-truck-that-hit-passenger-vehicle.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. June 30, 2015. County May Be Liable for Fire Truck That Hit Passenger Vehicle. By Benjamin S. Persons, IV. Brown v. DeKalb County. Here is a recent example of how Georgia courts apply the emergency vehicle doctrine. This case arises from a 2011 accident in DeKalb County. A county fire truck collided with another vehicle which had five passengers, including three children. The passengers subsequently sued DeKalb County. June 30, 2015. FREE C...
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Georgia City Can Be Sued for Failing to Remove Defective Tree Limb — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/07/georgia-city-can-be-sued-for-failing-to-remove-defective-tree-limb.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. July 21, 2015. Georgia City Can Be Sued for Failing to Remove Defective Tree Limb. By Benjamin S. Persons, IV. As a general rule, a property owner is liable for any dangerous conditions that he knows about or reasonably should have known about. The former is known as actual notice, while the latter is constructive notice. This applies not just to private property owners, but also city and county governments, as a recent decision. The victim...
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Judge Believes Survivor's Account of Fatal Georgia Boating Accident — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2015/08/judge-believes-survivors-account-of-fatal-georgia-boating-accident.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. August 9, 2015. Judge Believes Survivor’s Account of Fatal Georgia Boating Accident. By Benjamin S. Persons, IV. Many personal injury lawsuits come down to a he said/she said conflict: Two people get into an accident and each accuses the other of causing it. But what happens when one of the parties dies as the result of the accident, and there is no way to prove or disprove the survivor’s account of what happened? Holmes v. Parker. The woma...
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Georgia Appeals Court Says Police Officer May Be Liable for K-9 Attack on Child — Marietta Injury Lawyer Blog
http://www.mariettainjurylawyer.com/2014/05/georgia-appeals-court-says-pol.html
Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. May 12, 2014. Georgia Appeals Court Says Police Officer May Be Liable for K-9 Attack on Child. By Benjamin S. Persons, IV. According to the American Humane Association. Nearly 50% of dog attacks in the United States each year involve children under the age of 12. Bite rates tend to be higher for younger children. Young boys are also more susceptible to dog bites than girls. Eshleman v. Key. The victim was an 11-year-old boy playing in his y...
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Marietta Injury Lawyer Blog — Page 2 of 31 — Published by Marietta and Atlanta, Georgia Injury Attorneys — The Persons Firm, LLC
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Marietta Injury Lawyer Blog. Published By The Persons Firm, LLC. June 24, 2016. Georgia Court Sorts Out Uninsured Motorist Coverage Involving Multiple Insurers. By Benjamin S. Persons, IV. Coker v. American Guarantee and Liability Insurance Company. The above example seems relatively straightforward. But what happens when there are multiple insurers who may be liable for the same accident? A federal appeals court in Atlanta recently addressed such a case. By Benjamin S. Persons, IV. June 24, 2016. For ma...
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