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Buckhead Spinout Leads to $1+ Million Verdict for Injured Driver

Posted by Steve Silver on Oct 28, 2015 3:24:34 PM


Atlanta—A driver who went for a wild ride at a busy Atlanta intersection after being spun out in a collision had a much safer trip in Fulton County State Court when the jury awarded her over $1 million in her personal injury suit against the driver who hit her. Felicia Cheek v. Julia Demmer (14EV000550)

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Topics: Negligence, Georgia

Defense Attorney Rebuts MD's Diagnosis by Attacking Plaintiff's Credibility: GA Trial Highlight

Posted by Steve Silver on Oct 16, 2015 3:48:39 PM

In many auto accident trials, defendants concede liability for the collision, and the issues for the jury become the extent and cause of the plaintiff’s injuries. Often, those trials turn into a credibility contest as jurors weigh conflicting testimony from the plaintiff’s treating physician and the defense’s consulting expert. In one recent case in Whitfield County Superior Court, however, the defense called no medical witnesses at all to dispute plaintiff’s testimony on the issue, instead using the plaintiff’s alleged lack of credibility to rebut the medical evidence. Christy Carr Fowler v. Shelby McFarland (14-CI-197-J).

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Topics: Georgia, Fowler v. McFarland

No Sale Is No Bar to Product Liability Claim in $29M Wrongful Death Case: Analysis

Posted by Steve Silver on Oct 14, 2015 5:58:30 PM

A key pretrial ruling by Fulton County State Court Judge Diane Bessen on a novel question of Georgia product liability law may have paved the way for a settlement following a $29 million compensatory damages verdict in a recent wrongful death case. Efrain Hilario and Gabina Martinez Flores v. Newell Recycling of Atlanta, Inc. (12EV015400).

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Topics: Georgia, Hilario v. Newell Recycling

Newton County Surgeon Wins Med Mal Case Arising from Failed Gall Bladder Operation

Posted by Steve Silver on Oct 9, 2015 3:36:13 PM


Covington, GA—A man whose outpatient gall bladder operation turned into over eight months of hospitalization and six years missed from work lost his Newton County Superior Court med mal case against the surgeon who performed the initial operation. William Ron Aiken and Sherri T. Aiken v. Newton Health System, Inc., and Steven Whitworth, MD (2011-SU-CV-2533-1)

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Topics: Negligence, Medical Malpractice, Georgia

"Paltry Documentation" Costs Medical Practice $3.5M Wrongful Death Verdict: GA Trial Highlight

Posted by Steve Silver on Oct 8, 2015 12:04:00 PM

Many legal experts credit Johnny Cochran’s well-known quote, “If it doesn't fit, you must acquit” as being instrumental in helping win an acquittal for O.J. Simpson. More recently, another well known quote, “If you didn’t document it, it didn’t happen,” mentioned in regard to a medical practice’s alleged “paltry documentation,” may have led to a $3.5 million wrongful death verdict in a Clayton County State Court case. Pamela Douglas Banks v. South Atlanta Neurosurgery PC (2008 CV 08001).

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Topics: Georgia, Banks v. South Atlanta Neurosurgery