Parks Chesin & Walbert | Uncategorized
1
archive,paged,category,category-uncategorized,category-1,paged-3,category-paged-3,ajax_fade,page_not_loaded,,select-theme-ver-4.1,wpb-js-composer js-comp-ver-5.3,vc_responsive

Georgia Supreme Court Expands Definition of Parties at Fault under Apportionment Statute

The Georgia apportionment statute allows the trier of fact to “consider the fault of all persons or entities who contributed to the alleged injury or damages.” O.C.G.A. §51-12-33(c). The Georgia Supreme Court issued a recent decision on this issue in Zaldivar v. Prickett, Case No. S14G1778 (decided July 6, 2015). Zaldivar arose out of a traffic accident and each party blamed the other for the collision. Defendant also claimed that plaintiff’s employer, Overhead Door, was at fault for negligently entrusting Prickett with a company truck.

READ MORE

Supreme Court Finds Officer Entitled To Official Immunity For Off-Duty Dog Bite

The Georgia Supreme Court continued its recent trend of decisions detailing the scope of official immunity. In Eshleman v. Key, No. S14G1173, 2015 WL 3936075 (Ga. June 29, 2015), the Court determined that official immunity applies even where a statute and/or ordinance provides for definite duties, if complying with the law requires “an exercise of personal deliberation and judgment about what is reasonable in the particular circumstances presented” rather than requiring the carrying out of a specified task.

READ MORE

GEORGIA SUPREME COURT BROADLY CONSTRUES THE TERM “PENDING INVESTIGATION” IN BLOW TO OPEN RECORDS REQUESTS

On June 15, 2015, the Supreme Court of Georgia affirmed a trial court’s denial of the Petitioner’s Writ of Mandamus which sought documents pursuant to an Open Records Act Request in Evans v. GBI, S15A0103.  In his writ, the Petitioner sought to have the Georgia Bureau of Investigation turn over to him all of the documents in their custody pertaining to a RICO investigation where he was a suspect, pursuant to the Georgia Open Record Statutes, O.C.G.A 50-18-70 et al.

READ MORE

Quantum Meruit Is Available Even If Not Requested

The Court of Appeals held in a recent decision that contractor’s complaint against homeowners for failure to pay contractor for house renovation was sufficient to raise claim of quantum meruit in addition to a claim for breach of contract. One Bluff Drive, LLC v. K.A.P. Inc., 2015 WL 653667. After a jury trial, Appellant/Defendant appealed the verdict in favor of contractor for breach of contract and quantum meruit.

READ MORE

Former DeKalb Clerk Looks to Oust Successor

Janet Conley, Fulton County Daily Report

Despite “temporary episodes of dementia,” former DeKalb Superior Court Clerk Linda Carter says in an affidavit that she is competent to complete her term in office, and that staff could handle her duties when she is confused.

READ MORE