Serving That Whiskey Might Be Risky – Liability Of Social Hosts In DUI Accidents
2/15/19
By: Stacey Bavafa
Under California Civil Code Section 1714, social hosts and other third parties may be held to be partially liable in the event of a drunk driving accident depending on the circumstances that led up to the accident. …
Is Georgia Game for Growing Bad Faith Liability?
7/17/18
By: Jessica Samford
As discussed in my last blog on bad faith, seeking bifurcation can be a proactive means to distinguish the issue of coverage from the issue of bad faith and appropriately manage the all too often unwieldy …
Georgia Supreme Court Grants Certiorari In Failure to Settle Case
6/25/18
By: Bill Buechner
The Georgia Supreme Court recently granted an insurer’s petition for certiorari in a bad faith failure to settle case to consider what constitutes an offer to settle a claim within policy limits and whether an insurer’s duty …
Something Rotten: Spoliation Claims Against a Plaintiff
6/15/18
By: Sean Ryan
The Georgia Supreme Court recently clarified that same duty and standard applies to a plaintiff as to a defendant in assessing potential spoliation claims. In Cooper Tire & Rubber Co. v. Koch, 303 Ga. 336 (2018), …
Multi-Million Dollar California Verdict Affirmed Despite Questionable Causation
3/6/18
By: Theodore C. Peters
Proof of causation is a frequently debated topic in tort cases where the battle between “possible” and “probable” is bitterly fought. Tort victims are left empty-handed unless they can sufficiently demonstrate the causal connection between the …
Need a Lyft? Georgia Court of Appeals Decision Raises Coverage Questions for Ridesharing Services and Their Drivers
2/19/18
By: Connor M. Bateman
Most personal automobile insurance policies exclude coverage for damages that result from the ownership or operation of a vehicle used as a “public or livery conveyance.” Although typically undefined in the policy, this phrase has generally …
Driverless Motor Vehicle Lawsuit – The First of its Kind
2/7/18
By: Courtney K. Mazzio
General Motors is the first manufacturer to be hit with a driverless motor vehicle lawsuit. On December 7, motorcycle driver, Oscar Nilsson, alleges he was attempting to pass a self-automated Chevy Bolt on the right. The …
Landowner Scope of Duty
1/11/18
By: Owen T. Rooney
The California Supreme Court recently issued an opinion that limits the scope of duty and liability in premises liability cases. In Vasilenko v. Grace Community Church, plaintiff was struck by a car as he crossed …
Recent Affirmance of the Going and Coming Rule
11/21/17
By: Owen Rooney
In Morales-Simental v. Genentech, California’s First District Court of Appeal affirmed summary judgment for the employer, thus rejecting plaintiff’s attempts to expand on the special errand exception to going and coming rule. (No. A145865). The employee …