Case Updates

Who Really Loses When Medical Funding Becomes an Issue at Trial?

BY CHARLES E. “TRIP’ JOHNSON, III Notwithstanding the collateral source rule, evidence of medical bill funding by a “litigation investment company” is admissible in a slip-and-fall tort case in federal district court, according to a recent ruling by the Eleventh Circuit Court of Appeals.1  The plaintiff sued Publix in state court, alleging injury after slipping on liquid in a grocery ...

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Slip and Fall Case

Jury award of $600,000 in damages, which was 13 times the special damages, for minor patron who slipped and fell in McDonald’s was not excessive given her persistent pain. By Shaun O’Hara Vineyard Indus., Inc. v. Bailey, 806 S.E.2d 898 (Ga. Ct. App. 2017) In this case, a mother filed a negligence action against Vineyard Industries, Inc., d/b/a McDonald’s on behalf ...

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Georgia Court of Appeals Reiterates that Notice Pleading Is a “Forgiving” Standard

By Andre T. Tennille III “The forgiving notice pleading standard of O.C.G.A. § 9-11-8 … is ‘the starting point of a simplified pleading system, which was adopted to focus litigation on the merits of a claim.’”1 In Oller v. Rockdale Hospital, LLC, the Georgia Court of Appeals applied that “forgiving” standard, holding that an amended expert affidavit filed after the ...

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Cheerless Clarity

The Federal Employees Health Benefits Act’s express preemption prescription overriding state law prohibiting subrogation and reimbursement BY SHAWN OWEN AND WESLEY STARRETT The Federal Employees Health Benefits Act of 1959 (FEHBA), 5 U.S.C. § 8901 ., authorizes the Office of Personnel Management (OPM) to contract with private carriers for federal employees’ health insurance. Additionally, FEHBA contains a provision expressly preempting ...

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What’s New?

Supreme Court Of Georgia Finds Error In Exclusion Of Expert Witness: Appropriate Inquiry Is Whether Expert Has “Appropriate Level Of Knowledge” In Performing Or Teaching The Procedure At Issue

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