Negligent Entrustment Despite a Clean Pre-Employment Background Check ?

What should business owners do before allowing employees to drive company vehicles?

Personal Injury DefenseLee PruettJanuary 24, 2017Cullara v. Building & Earth Sciences, Inc., lee pruet, prospective employee, company vehicle, lawsuit, negligent entrustment, summary judgment, reversed summary judgment, levy pruett cullen

Georgia Supreme Court Holds Lead Paint Excluded by Absolute Pollution Exclusion

The Smith case was a big win for Georgia insurers and further fortified that the plain language of the policy controls policy coverage.

Personal Injury DefenseLee PruettApril 15, 2016Georgia Farm Bureau Mutual Insurance Co. v. Smith et al., Pollution exclusion clauses, lee pruet, levy pruett cullen, pollutants, georgia supreme court, policy language

Six Flag $35 Million Verdict: Possible Expansion of Premises Liability

Should the Court uphold Martin’s argument of off-property liability, this decision will have profound impact on all business owners, large and small.

Personal Injury DefenseLayne ZhouAugust 20, 2015levy pruett cullen, lee pruet, property directly contiguous adjacent to and touching, occupier of land, negligence cases, appellate court, landowner's liability

Burden on The Insured/Plaintiff to Prove the at-Fault Driver Was an Uninsured Motorist

The solution-and liability insurers should take note-is for the plaintiff to obtain discovery “from the insurer regarding its efforts to contact its insured and its lack of success in securing cooperation.”

Insurance DefenseLee PruettJuly 16, 2015levy pruett cullen, georgia supreme court, burden of proof, cross motion, uninsured motorist, at-fault driver, denial of coverage

Georgia Supreme Court Weighs in on Discovery Dispute Over Reasonableness of Plaintiff's Medical Bills

On a very basic level, this case is merely a reaffirmation of the broad scope of discovery entitled to litigants but it should also help the defense side of the bar access the records of medical financing companies like ML Healthcare.

Insurance CoverageLayne ZhouJune 22, 2015levy pruett cullen, defendants, georgia supreme court, unanimous opinion, bowden v medical ctr inc, patient's care, discovery purposes, broad scope of discovery

When an Uninsured Motorist Carrier Answers in its Own Name, it Must Do So Within the Time Provided or Risk Default Judgment

It is established law in Georgia that when an insurance company is served with a complaint as the plaintiff’s uninsured motorist carrier, the carrier has the option of answering in the name of the defendant, answering in its own name (and raising policy defenses), or filing no answer at all.

Insurance DefenseLee PruettDecember 22, 2014civil practice act, insurance company, uninsured motorist, levy pruett cullen

Georgia Supreme Court Sides with State on Amount of Loss Requirement for Pre-Suit Notices

In the 6-1 decision penned by Justice Carol Hunstein earlier this month, the High Court found that Myers could have provided the amount of her medical expenses known at the time of her ante-litem notice and simply stated that she was still undergoing treatment.

Personal Injury DefenseSusan J. LevyOctober 22, 2014georgia general assembly, financial exposure, tort liability, levy pruett cullen, limited waiver of sovereign immunity, ante-litem notice, pre-suit notice, loss requirement

Georgia Legislature to Consider Bill That Would Allow Evidence of Seatbelt Use at Trial

In the upcoming legislative session, the House of Representatives will consider two bills that would modify the current seatbelt statute; HB 504 and HB 532.

Personal Injury DefenseChristina CribbsDecember 31, 2013seatbelt, legislative session, defense bar, levy pruett cullen, front seat passengers

Emergency Medical Services and The Applicable Standard of Care

The Georgia Supreme Court granted certiorari to determine whether “the Court of Appeals err[ed] in its application of the gross negligence standard for emergency room malpractice under OCGA § 51-1-29.5(c).”

Healthcare LawChristina CribbsOctober 22, 2013gross negligence, standard of care, levy pruett cullen, georgia court of appeals, certiorari, emergency medical services

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