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Spoliation of Evidence in Georgia: Why Do Courts Punish It?

I have been blogging about a legal topic called “spoliation”, which is the willful destruction or withholding of evidence. As a Georgia personal injury lawyer, I sometimes have to deal with situations where the defendant has destroyed evidence that I need...

Spoliation of Evidence: A Georgia Law Affecting Personal Injury Cases

On January 20, 2012, a Gwinnett County jury awarded a $2.3 million verdict against Kroger in Gwinnett County. See 1/26/12 Atlanta Journal-Constitution article. The case was important because it involved a legal issue called “spoliation.” Mr. Craig Walters...

Car Accidents in Georgia: Proving a City "Knew" About a Road Problem

I write this personal injury blog from Atlanta, Georgia, and recently I have posted several entries about the liability of Georgia cities that do not construct or maintain their roads properly. In one recent case I did, the City let a stop sign fall down and my client...

Admitting Business Records in Georgia Lawsuits

As a personal injury lawyer in Atlanta, Georgia, I often need to get business records into evidence. For example, in a Georgia car accident case, I might need to get the car accident report into evidence. In a case where someone was hurt in a trucking accident in...

Georgia Res Gestae, Part 3: Statements by Employees

I am an Atlanta, Georgia personal injury blogger, and I am on my third and final post on the law of res gestae in Georgia. See O.C.G.A. § 24-3-3. The law of res gestae is ancient here in Georgia. I am a prettyexperienced Atlanta, Georgia personal injury lawyer,...

Res Gestae in Georgia, Part 2: Car Accidents, Personal Injury, Criminal

In my last Atlanta, Georgia legal blog post, I talked about a very old and traditional law in Georgia that will come to an end when our new evidence statute takes effect. Res gestae is an exception to the hearsay rule. Under the hearsay rule, courts will not allow...

Res Gestae Evidence in Georgia: The Definition and the Coming Death

I am a personal injury attorney in Atlanta, Georgia, and like lawyers throughout Georgia, I am witnessing a Georgia evidence statute in its death throes. The law of “res gestae” is ancient here in Georgia, but the new evidence code abolishes that law in...

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