At Fried Goldberg LLC, we make it a point to keep track of the latest court rulings in both Georgia and South Carolina. This commitment allows us to continue to offer our clients exceptional legal service and provide up-to-date resources for other attorneys who handle trucking accident claims.
Here’s a summary of major court decisions and case law updates for 2024.
SERVICE OF PROCESS
Service by Publication
A plaintiff must exercise due diligence to find and serve a defendant before seeking to serve the defendant by publication, and the trial court has discretion to refuse to allow service by publication if due diligence is not shown by the plaintiff. Clanton v. Taylor, 370 Ga. App. 383, 897 S.E.2d 515 (2024)
STATUTE OF LIMITATIONS
Tolling
COVID emergency order tolls all statutes of limitations, statutes of repose, and other statutory requirements. Golden v. Floyd Healthcare Management, Inc., 319 Ga. 496, 904 S.E.2d 359 (2024)
Contractual Statute of Limitations
Landlord can require tenant to bring any claims under the lease contract for failure to keep the premises in repair within one year of the incident and will bar any claims based on the lease contract if the lawsuit is not filed within one year. Sneed v. Place at Midway, LLC, 372 Ga. App. 456, 904 S.E.2d 522 (2024)
MULTIPLE DEFENDANTS, CLAIMS AND CLAIMANTS
Raising New Claims in Pretrial Order
Plaintiff may not raise a new claim, such as a claim for attorney’s fees, for the first time in the pretrial order if the claim was not made in a complaint or an amended complaint prior to the entry of the pretrial order. City of Atlanta v. Perkins, 372 Ga. App. 656, 905 S.E.2d 838 (2024)
PARTIES
Adding a Defendant
Trial court must allow a plaintiff to add a new defendant after expiration of the statute of limitations if the defendant had notice of the lawsuit before the statute expired and was aware that he was potentially responsible for the injury. Hampton v. Williams, 2024 WL 4562470
DISCOVERY
Medical Liens
Doctor’s office can be required to produce evidence of write-offs and reductions in liens for all patients undergoing similar treatment in the discovery process regardless of admissibility of the documentation, but the trial court must limit the extent of the scope of any required information beyond the actual write-offs and reductions and must insure the confidentiality of the information produced. Medernix, LLC v. Snowden, 372 Ga. App. 48, 903 S.E.2d 728 (2024)
DEFAULT JUDGMENTS
Trial court is not required to apportion damages among defendants who are in default and do not appear at a damages hearing and can instead enter the judgment jointly and severally among the defendants. KOS Limited v. Dockery, 371 Ga. App. 216, 899 S.E.2d 796 (2024)
MOTIONS
Summary Judgment Hearing
It is reversible error for trial court not to conduct a hearing on a motion for summary judgment if requested by one of the parties. Miller v. Dolgencorp, 371 Ga. App. 444, 900 S.E.2d 745 (2024)
Contradictory Affidavit
Plaintiff cannot avoid summary judgement being granted based on her deposition testimony by submitting an affidavit that contradicts her prior deposition testimony. Smith v. Six Flags Over Georgia II, LP, 370 Ga. App. 778, 899 S.E.2d 315 (2024)
Conflicting Video Evidence
Any discrepancy between witness testimony and dash cam video is for a jury to resolve even if the video evidence completely contradicts the plaintiff’s version of events. Albright v. Terminal Investment Corporation, 2024 WL 4879103.
PRETRIAL MATTERS
Raising New Claims in Pretrial Order
Plaintiff may not raise a new claim, such as a claim for attorney’s fees, for the first time in the pretrial order if the claim was not made in a complaint or an amended complaint prior to the entry of the pretrial order. City of Atlanta v. Perkins, 372 Ga. App. 656, 905 S.E.2d 838 (2024)
ADMISSIBILITY OF EVIDENCE AT TRIAL
Insurance Coverage
It is reversible error to allow jury to hear that defendant has liability coverage even if the defense attorney infers in closing argument that the defendant will be responsible for the judgment. Woods v. Heath, 372 Ga. App. 22, 903 S.E.2d 705 (2024)
Seat Belt Evidence
If a seat belt is not worn at all, then the failure to wear the seatbelt is inadmissible to show evidence of negligence; however, if a seat belt is worn but is worn improperly, then this evidence may be used as proof of negligence. Ford Motor Company v. Hill, 2024 WL 4646890 (2024)
SETTLEMENTS
Issuance of Checks
If an insurer issues a settlement check in any manner different from that required by the demand, then there is no meeting of the minds and a binding and enforceable settlement agreement has not occurred. Redfearn v. Moore, 371 Ga. App. 655, 902 S.E.2d 233 (2024); Patrick v. Kingston, 370 Ga. App. 570, 898 S.E.2d 560 (2024)
Release
Insurer providing a release and settlement checks was not a counteroffer to a demand under O.C.G.A. § 9-11-67.1 since the insurer stated that it was providing releases for review and not as a counteroffer. Diaz v. Thweatt, 2024 WL 4500692
OFFER OF SETTLEMENT STATUTE
Amount of Attorney’s Fees
Trial court is required to look at hours worked and billing rate for time spent on a case in addition to the contingency fee agreement when a plaintiff beats the offer of settlement by 125% in determining the appropriate amount to award the plaintiff. Edwards v. Higgins, 2024 WL 4634032
LIENS
Discovery of Liens
Doctor’s office can be required to produce evidence of write-offs and reductions in liens for all patients undergoing similar treatment in the discovery process regardless of admissibility of the documentation, but the trial court must limit the extent of the scope of any required information beyond the actual write-offs and reductions and must insure the confidentiality of the information produced. Medernix, LLC v. Snowden, 372 Ga. App. 48, 903 S.E.2d 728 (2024)
VENUE
Once a limited liability release is executed and all coverage is exhausted, a defendant cannot remain in a case just to secure venue against a separate defendant. Ferguson v. Spraggins, 371 Ga. App. 727, 902 S.E.2d 708 (2024)
NEGLIGENCE CLAIMS
Claims Against Medical Providers
An affidavit of a medical expert is not required when patient is injured in a hospital as result of the ordinary negligence of a worker in failing to assist patient in getting on scale. Griffin v. Emory Clinic, Inc., 371 Ga. App. 633, 901 S.E.2d 761 (2024)
DEFENSE TO NEGLIGENCE CLAIMS
Assumption of Risk
Voluntarily engaging in a fight with a security guard barred a claim against the owner of property for negligent security because of the mutual combatant doctrine given that claimant had plenty of time to walk away from altercation and instead attacked security guard. Jones v. Scarlett & Associates, Inc., 2024 WL 4587898
Person who engages in brawl at a sporting event assumes the risk of injury and is barred from recovering for injuries from owner of stadium. Soundara v. AMB Sports & Entertainment, 371 Ga. App. 285, 899 S.E.2d 428 (2024)
Rider of a go-kart at defendant’s racecourse assumed risk of injury related to go-karts contacting each other and could not recover for go-kart bumping into back of plaintiff’s go-kart. Fun Spot America of Atlanta, Inc. v. Johnson, 371 Ga. App. 123, 899 S.E.2d 766 (2024)
Proximate Cause
When it is unclear who switched lanes into who during a collision, proximate cause is always an issue for the jury. Barrett v. Farrior, 371 Ga. App. 714, 902 S.E.2d 697 (2024)
There must be evidence of how a fire started in order to prove that a defendant was negligent in allowing a fire to start on his property. Cribb v. Moore, 2024 WL 4647421
Waiver
Signed waiver provides that claims for simple negligence are barred but claims for gross negligence can still be pursued. Bailey v. Make a Difference Ministries, Inc., 372 Ga. App. 442, 904 S.E.2d 94 (2024); McCommons v. White, 371 Ga. App. 93, 899 S.E.2d 731 (2024)
WORKERS COMP EXCLUSIVITY RULE
Shooting of employee by fellow employee was not related to employment and thus employee’s claim against employer for negligent security was not barred by worker’s compensation exclusivity rule. Simmons v. Solo Cup Operating Corp., 373 Ga. App. 69 (2024)
VICARIOUS LIABILITY
Scope of Employment
Employee who was talking on phone with employer at time of wreck to report that she was running late to return to work was not within scope of her employment at time of crash since her call did not further the business of the employer. Cotton v. Prodigies Child Care Management, LLC, 372 Ga. App. 91, 903 S.E.2d 810 (2024)
Independent Contractor
If there is a written agreement designating an employee as an independent contractor, then the issue of vicarious liability is for the jury to decide even if the employer controls the time, method and manner of the employee’s work. Wellpath, Inc. v. Cox, 370 Ga. App. 800, 897 S.E.2d 78 (2024)
APPORTIONMENT
Before the recent change to the statute, apportionment to nonparties is not allowed if only one defendant remains in the case at the time of the start of trial. AU Medical Center, Inc. v. Dale, 2024 WL 4647921
SPOLIATION OF EVIDENCE
City was responsible for spoliation of water meter lid and photographs of lid since it was placed on notice of claim that person had fallen on water meter lid two months after its occurrence and had an employee take photographs of the lid shortly after the accident and replaced the lid with a more secure lid after litigation was started but could not locate the photographs or the original lid warranting instruction that lid was defective but preserving the defense of comparative negligence. City of Atlanta v. Perkins, 372 Ga. App. 656, 905 S.E.2d 838 (2024)
Routine Destruction
Spoliation sanctions are not warranted if evidence is destroyed as part of the routine practices of a party, and the party does not have a reasonable basis to believe that litigation is contemplated at that time. Cordial Endeavor Concessions of Atlanta, LLC v. Gebo Law LLC, 370 Ga. App. 528, 898 S.E.2d 259 (2024)
Evidentiary Hearing
Trial court must hold an evidentiary hearing to determine the credibility of witness testimony on any issue where the court must decide whose testimony to believe in ruling on a motion for sanctions. Golden Pantry Food Stores, Inc. v. Bradley, 371 Ga. App. 374, 899 S.E.2d 724 (2024)
UNDERINSURED MOTORIST COVERAGE
Shooting from one vehicle into another vehicle on the roadway is not considered to be an injury from a use of an automobile, and thus there is no UM coverage for the injury. Travelers Property and Casualty Ins. Co. v. Lipsey, 2024 WL 4647423
PERSONAL INJURY DAMAGES
Pain and Suffering
A jury can consider pain and suffering for a person who survives for several hours after a negligent act even if there is no direct evidence that the person was conscious following the negligent act. Geary v. Estate of Tapley, 2024 WL 4578853
Medical Causation
Injury to a leg or ankle in a collision can cause a person to lose balance causing additional injuries from a fall which still may be related to the initial collision. Willis v. Cowabunga, Inc., 2024 WL 4552728
Remand from Federal Court
Fact that case was remanded from federal court to state court based on failure to prove that amount in controversy exceeded $75,000 does not in and of itself require that the plaintiff’s recovery be limited to only $75,000. Wal-Mart Stores East, L.P. v. Howell, 371 Ga. App. 1, 899 S.E.2d 524 (2024)
WRONGFUL DEATH
If one parent wants to have court apportion settlement for death of child at a percentage different from 50/50, the parent must make motion to apportion settlement before dismissing case. Miller v. Wilcoxson, 372 Ga. App. 686, 905 S.E.2d 889 (2024)
ANTE LITEM NOTICE
Tolling
The due date for ante litem notice is not tolled by a person being a minor or mentally incompetent to act and must be given within the time frame from the date of the incident. Dates v. City of Atlanta, 371 Ga. App. 824, 903 S.E.2d 289 (2024)
Specific Amount to Settle At
Statement of amount of medical expenses and amount of noneconomic losses does not comply with requirement to identify a specific dollar amount that case can be settled for as part of ante litem notice. City of College Park v. Steele, 371 Ga. App. 649, 902 S.E.2d 223 (2024)
Service on Right Person
Service of ante litem notice through overnight delivery where the package was addressed to the office of the mayor instead of the mayor himself is not proper service of ante litem notice since the delivery must be to a certain person. Fleureme v. City of Atlanta, 371 Ga. App. 416, 900 S.E.2d 625 (2024)
Sheriff’s Department
Presentment of ante litem notice to county was sufficient for claims against sheriff’s department. Collington v. Clayton County, 318 Ga. 29, 897 S.E.2d 361 (2024); Chavez v. Hill, 372 Ga. App. 561, 905 S.E.2d 322 (2024)
SOVEREIGN IMMUNITY
Use of equipment stored in a vehicle is not considered use of the vehicle for waiver of sovereign immunity under O.C.G.A. § 33-24-15(b). City of Roswell v. Hernandez-Flores, 2024 WL 4633588
City did not have immunity for violation of ministerial duty set by statute to remove any hazards or obstructions from the right-of-way of the city’s streets when plaintiff collided with planter placed in right-of-way. City of Milton v. Chang, 2024 WL 4195584
GEORGIA TORT CLAIMS ACT
Discretionary Functions
Failure to place rails or warnings around natural crevice at state park was discretionary function that does not fall within the waiver of immunity under the GTCA. Sivak v. DNR, 371 Ga. App. 78, 899 S.E.2d 743 (2024)
Law Enforcement Exception
Law enforcement exception to waiver of immunity under GTCA protected state from liability for high-speed chase given that officer did not violate any policy of the department. Shackleford v. DPS, 371 Ga. App. 117, 898 S.E.2d 883 (2024)
Ante Litem Notice
Sending ante litem notice to the wrong state entity because of a clerical error will bar the claim because the correct entity was not served with the notice. DPS v. Cleapor, 2024 WL 4538995
MOTIONS IN LIMINE
Violations of Motions in Limine
Trial court cannot enter an order requiring issue preclusion or finding of liability against a party for a deliberate violation of a motion in limine and is instead required to enforce a lesser degree of sanctions. Ford Motor Company v. Hill, 2024 WL 4646890 (2024)
JURY CHARGES
Collateral Source
Court is warranted in giving charge that the existence of insurance for either the plaintiff or the defendant or lack thereof should not be considered in jury deliberations on damages. Lawhorne v. Douglas, 371 Ga. App. 849, 903 S.E.2d 316 (2024)
CLOSING ARGUMENTS
Send a Message
Plaintiff’s counsel can tell the jury that with their verdict they can hold the defendants responsible for their conduct in injuring the plaintiff, and this is not asking the jury to send a message with a large verdict. White v. McGouirk, 370 Ga. App. 318, 897 S.E.2d 100 (2024)
Right to Open and Close
Defense loses the right to open and close if any document is shown to a witness and the witness is cross-examined on the document even if the document is not tendered into evidence. Sandler v. Coger, 2024 WL 4612568
INSURANCE CLAIMS
Direct Action Statute
Rideshare companies such as Uber and Lyft qualify under the direct action statute for a claim directly against the primary insurance company. Barnes v. State Farm Fire & Casualty Co., 2024 WL 4733504
Direct action can be brought against a primary insurer but not against an excess insurer. Southern Oil Refinery v. Price, 372 Ga. App. 427, 903 S.E.2d 693 (2024)
PREMISES LIABILITY
Landlord liability
Out of possession landlord and property manager hired by landlord had no duty to provide security at establishment operated on the landlord’s property given that the landlord had given exclusive possession to the operator of the establishment. Williams v. Kasulka Properties, LP, 370 Ga. App. 653, 898 S.E.2d 843 (2024)
Landlord may not limit its liability for negligent security with any provision contained in a residential lease. First Communities Management, Inc. v. Byrd, 2024 WL 4599617 (2024)
Landlord has duty as owner/occupier to keep common areas safe for invitees and will be deemed to have knowledge of any defect with stairs that could have been discovered with a reasonable inspection. Pollard v. DeLoach, 372 Ga. App. 303, 903 S.E.2d 329 (2024)
Contractual Statute of Limitations
Home inspection company could limit any claims brought against it to a one year statute of limitation period even if the event giving rise to the claim occurred after the one-year time period. Omstead v. BPG Inspection, LLC, 319 Ga. 512, 903 S.E.2d 7 (2024)
Static Conditions
Lack of lighting and dust in worksite can reduce the visibility of where a balcony where no rail ends so that a fall off the balcony by a construction worker is not barred by the doctrine of open and obvious static condition. Cook v. SMG Construction Services, LLC 2024 WL 4599666
Open & Obvious Condition
Lack of stair handrail was open and obvious condition that precluded recovery for fall on stairs outside theater. American Multi-Cinema, Inc. v. Gillis, 372 Ga. App. 230, 904 S.E.2d 49 (2024)
Nonfunctioning door was open and obvious condition that invitee would have encountered when she entered store barring her claim for shutting her hand in the door on the way out of the store. Meadows v. Dollar General Store, 371 Ga. App. 695, 902 S.E.2d 682 (2024)
Nonfunctioning door was open and obvious condition that invitee would have encountered when she entered store barring her claim for shutting her hand in the door on the way out of the store. Meadows v. Dollar General Store, 371 Ga. App. 695, 902 S.E.2d 682 (2024)
Invitee vs. Licensee
Grandmother was invitee at home because she provided child care services to grandson and could recover for fall on water on dining room floor of home. Adams v. Lee, 906 S.E.2d 796 (2024)
Owner/Occupier
Real estate agent showing house is not an owner/occupier who owes duty to keep premises safe for invitees. Kidd v. Metro Brokers, Inc., 372 Ga. App. 563, 905 S.E.2d 316 (2024)
Approaches
Owner/occupier must keep premises and approaches safe and what constitutes an approach is usually a factual question for the jury taking into account areas that owner exercise control over. Drucker v. Morgan, 371 Ga. App. 334, 900 S.E.2d 204 (2024)
DRAM SHOP LIABILITY
Parking outside restaurant where the car was visible to restaurant employees and carrying keys into the restaurant was sufficient evidence that person who was overserved would be driving from the restaurant. Monterrey Mex, Inc. v. Collins, 372 Ga. App. 70, 903 S.E.2d 759 (2024)
DOG BITE
Plaintiff must prove that defendant either knew that dog was unrestrained and off leash in violation of leash law at time of incident or knew that the dog had previously attacked or tried to attack someone. Harris v. Martin, 2024 WL 4500629
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