If an employee who disobeys an employer's instructions and acts in a dangerous fashion is injured as a result, can that person lose workers' comp benefits? The Georgia Supreme Court has ruled that yes, he or she could lose those benefits.
Back in 2010, the Federal Motor Carrier Safety Administration (FMCSA) wrote a rule that required all truckers to use an electronic logging device (ELD). This measure was meant to stop truckers from driving too long and endangering public safety. However, the Owner-Operator Independent Drivers Association (OOIDA) called foul. The two organizations have been sparring ever since, but that fight could finally be coming to an end.
So often we see an automotive recall and we think that we just won't be affected by it. However, that just isn't true. A family in Georgia learned this lesson the hard way, but their story can help keep others from suffering what they endured.
The trial had dragged on far longer than anyone had anticipated, and it seemed that the case was finally winding down. The doctor at the center of the case had just finished denying the validity of an electronic medical record discrepancy when the plaintiff called a surprise witness. However, that witness would never take the stand, and the subsequent verdict would take one paraplegic all the way to the Court of Appeals of Georgia.
The word for Georgia's court system is "upgrade," or at least that's what Governor Nathan Deal is recommending. Gov. Deal has submitted a plan to help improve our state's justice system, and he calls it the Georgia Appellate Jurisdiction Review Commission, but will this plan help to bring the Georgia courts into the 21st century?
In 2013, a Cobb County jury awarded Joshua Martin $35 million in the state's largest verdict of that year. Martin was attacked in 2007 by a gang while he waited for a bus outside the entrance of Six Flags Over Georgia and alleged negligent security. Now, lawyers have met at the Georgia Court of Appeals, hoping to persuade an appellate panel to toss the verdict.