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Although a surprise witness is a common theme on TV and in movies, a surprise witness at a trial is rare. Generally, parties are required to disclose their witnesses before trial, and often courts do not allow surprise witnesses to testify. The idea is that prior to trial, all of the parties know generally what…

In a recent case, one court considered whether a city could be held liable after a child was hit by a stray golf ball while he was on city-owned property. The golf course was owned by the city and managed by a private company. Next to the golf course, there were recreational areas, including…

Recently, a state supreme court released answers to the certified questions posed by a lower federal court in a car accident case. The question involved the applicability of a comparative negligence defense in a crashworthiness case brought by a man who was injured in a car accident. The case stems from a 2012 accident in…

Earlier this month, an appellate court in California issued a written opinion in a personal injury case dealing with recreational use immunity as it applies to injuries occurring on government-owned land. Ultimately, the court determined that the defendant city was not entitled to immunity despite the fact that the plaintiff’s injuries occurred on government-owned…

Earlier this month, a state appellate court issued a written opinion in a motorcycle accident case, discussing the element of causation and the doctrine of intervening cause. Ultimately, the court determined that a third party’s actions acted as an intervening cause, severing the chain of causation set in motion by the defendant’s original allegedly…

Last month, a state supreme court dismissed a summary judgment order granted by a lower court in a slip-and-fall case. The case stemmed from a 2013 accident in which a fast food patron was exiting the restaurant’s bathroom and fell, catching himself with his left hand. The patron immediately pushed himself up and was…

Recently, a state supreme court released an opinion in a lawsuit brought by two officers who were injured while they were in the process of helping an individual who had fallen asleep behind the wheel of a car. According to the court’s opinion, the two officers received a call about a traffic accident and…

When an individual is injured in a car accident, many people are under the impression that only the culpable driver may be sued, but that is not necessarily the case. Owners of vehicles should be aware that they may be a party to a lawsuit even if they were not the ones driving the…

Recently, the Court of Appeals of Georgia reversed a lower court’s decision that had granted summary judgment to a grocery store in a slip-and-fall case. According to the court’s opinion, the plaintiff was shopping in the grocery store when she slipped in a puddle of liquid that was dripping from a package of meat. The…

In a recent case, a Georgia court of appeals determined a defendant should be able to reopen a default judgment that was entered on behalf of the plaintiff because the plaintiff named the wrong party. The court ultimately held that, due to the plaintiff’s failure to name and serve the proper party at the…