Insurer’s Right to Bifrucation in Bad Faith
September 20th, 2011 | 
Author: Under the decision Saye v. Provident Life and Acc. Ins. Co. (Ga. Ct. App., June 24, 2011), the Georgia Court of Appeals recently upheld the bifurcation of the insured’s bad faith and breach of contract claims. The rationale of the Court of Appeals was that bifurcation is warranted when evidence of bad faith can taint the jury’s consideration of the availability of coverage. In this decision, the court further disagreed with the insured’s contention that bifurcation violated Georgia Code § 33-4-6, which the insured argued requires that bad faith and breach of contract claims be brought in the same action. The court rejected the insured’s argument, reasoning that bifurcation does not separate the case into two actions, but simply separates the claims, and, therefore, does not violate the statute.
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Negligent Entrustment – Plaintiffs fail to meet the standard for proving their case
Georgia Court of Appeals
TORTS: Negligent Entrustment, Negligent Supervision
Kitchens v. Harris
A10A1478 (civil case)
September 1, 2010
Andrews, Presiding Judge.
The Georgia Court of Appeals reversed a trial court’s decision to deny the Defendants Tony and Carol Kitchens Motion for Summary Judgment on the issue of Negligent Entrustment. The case involved the Defendants 14 year old daughter that took the family’s ATV without her parents permission, and then allowed another friend to use the ATV, which resulted in injury to the Plaintiff. The evidence showed that the Kitchens had previously instructed their daughter that she could only use the ATV with their express permission. The Court was quoted as saying, “We reverse the denial of the motion as to the claims against Tony and Carol Kitchens because there is an absence of any evidence in the record to support the claims for negligent supervision or negligent entrustment.” The Court also went on to state that there was no evidence to show that the Kitchens had knowledge of their daughter’s proclivity to use the ATV or allow others to use it without their express permission, and further there was no evidence to support that the ATV was used.
This case affirms the standard that the Plaintiff must show in order to prevail on a theory of Negligent Entrustment.
Trial Judge: Hugh V. Wingfield III, Jasper Superior Court.
Defense Verdict – Rear End Collision
| DATE: | September 2, 2010 |
| COURT NAME: | State Court of Fulton County |
| CASE NO.: | 2007EV002557 |
| RESULTS: | Defense Verdict |
| DESCRIPTION: | Attorneys Allison M. McDonald and Tavis L. Knighten, successfully obtained defense verdicts in an two day jury trial in a an automobile case in which the Plaintiff was claiming multiple injuries as a result of a rear-end collision. At trial the Defendant admitted liability and tried the case on damages. The Plaintiff put up evidence of over $7,000 in medical expenses, and had a medical expert testify on his behalf via video deposition. After two days of vigorously defending the case on the issues of liability and damages, a jury of twelve found in favor of the Defendant.#167 |
Defense Verdict – Negligent Entrustment
| DATE: | July 20, 2010 |
| COURT NAME: | State Court of Cobb County |
| CASE NO.: | 2009A2966-4 |
| RESULTS: | Defense Verdict |
| DESCRIPTION: | Attorneys Allison M. McDonald and Tavis L. Knighten, successfully obtained a defense verdict in a one day jury trial in an automobile case in which the Plaintiff alleged the Defendant negligently entrusted a vehicle to a 14 year-old male, resulting in an auto collision that caused bodily injury to the Plaintiff. At trial the Plaintiff put up evidence regarding the liability of the driver of the Defendant’s vehicle, but failed to satisfy the jury in showing that the Defendant had actual knowledge of the driver’s incompetence as required by law. The result was a Defense verdict!
#09-378 |
Defense Verdict in a case of admitted DUI
| DATE: | June 8, 2010 |
| COURT NAME: | State Court of Clayton County |
| CASE NO.: | 2008CV04368E |
| RESULTS: | Defense Verdict |
| DESCRIPTION: | Attorneys Allison M. McDonald and Tavis L. Knighten, successfully obtained defense verdicts in a two day jury trial in a case in which four Plaintiffs were alleging injuries as a result of the Defendant’s negligence in an automobile accident in which the Defendant was previously found guilty of DUI. After two days of vigorously defending the case on the issues of liability and damages, a jury of twelve found in favor of the Defendant in each of the four cases.
#299 |
Defense Victory – Plaintiff claiming unresolving migraine headaches
| DATE: | March 18, 2010 |
| COURT NAME: | State Court of Gwinnett County |
| CASE NO.: | 08-C-15782-4 |
| RESULTS: | Plaintiff Verdict |
| DESCRIPTION: | Attorneys Tavis L. Knighten and Allison M. McDonald, representing the Defendant successfully held the Plaintiff’s award to less than the medical specials. The trial lasted two and a half days and was heard by a twelve person jury in front of Judge Pamela D. South. The case was based on a rear end accident where the Defendant admitted liability and the case was defended on the issue of damages. The Plaintiff was claiming significant back and neck injuries along with migraine headaches that required treatment from a neurologist. After a vigorous cross examination of the Plaintiff, it was revealed that she had been in a car accident in 2005 where she suffered similar injuries. Once it was revealed that she hid that information from her medical providers, the Plaintiff lost credibility with the jury. At trial the Plaintiff claimed $9,436.00 in past medical expenses and lost wages; $38,000.00 in future medical expenses; and $173,248.00 in past and future pain suffering, for a total claim of $218,678.00. After deliberating for several hours, the jury returned with a verdict in the amount of $3,578.00, which was the amount of the Plaintiff’s emergency room bill.
#08-337 |
Defense Verdict – Auto Collision in a funeral procession
| DATE: | March 25, 2010 |
| COURT NAME: | Magistrate Court of Clayton County |
| CASE NO.: | 2009CM10121 |
| RESULTS: | Judgment for the Defendant |
| DESCRIPTION: | Attorney Janet Scott successfully obtained a judgment for the Defendant in a subrogation action that was based on damages paid in an underlying automobile accident. The facts of the case were that Plaintiff alleged that the Defendant, who was driving in an active funeral possession, negligently veered into his lane causing a rear-end collision. The Defendant on the other hand, alleged that the Plaintiff’s vehicle veered into the Defendant’s lane. After a vigorous cross examination of the Plaintiff, and after presenting the Defense’s evidence, attorney Scott successfully proved that the Defendant was not liable for the accident.
#10-481 |
Defense Verdict – “He said, she said!”
| DATE: | February 17, 2010 |
| COURT NAME: | State Court of Cobb County |
| CASE NO.: | 2008A16650-4 |
| RESULTS: | Defense Verdict |
| DESCRIPTION: | Attorneys Tavis L. Knighten and Janet Scott successfully obtained a defense verdict in a subrogation action that was based upon an auto collision in which both the Plaintiff and Defendant alleged they each entered an intersection on a green light. In this case, the Plaintiff and Defendant had a severe side impact accident as a result of colliding in an intersection. Both drivers were adamant that the other had run the red light. After successfully winning a motion to exclude the police officer’s dashboard camera video, the case was tried by a jury of 6 in front of Judge Kathryn Tanksley. The Plaintiff’s key witnesses were the driver of the Plaintiff’s vehicle and the investigating police officer. After a thorough cross by Attorney Knighten, it was shown that the investigating officer was not thorough in the details of his investigation, and further that the officer could not explain why there existed two different versions of the motor vehicle accident report. After a full day of evidence and arguments, the jury returned a complete defense verdict.
#08-336 |
Successful Comparative Fault Defense!
| DATE: | December 1, 2009 |
| COURT NAME: | State Court of Dekalb County |
| CASE NO.: | 08-A-92164-4 |
| RESULTS: | Plaintiff Verdict |
| DESCRIPTION: | Attorneys Tavis L. Knighten and Allison M. McDonald, representing the Defendant successfully held the Plaintiff’s award to nearly the medical specials. The trial lasted one day and was heard by a six person jury in front of Judge Johnny Panos. The case was based on an intersection accident where the Defendant was turning left and the Plaintiff was traveling straight through the intersection. The Plaintiff claimed to be proceeding on a green light and the Defendant said he was turning with a green arrow. This case was defended on liability and the issue of damages. The Plaintiff was claiming significant back and neck injuries along with persistent migraine headaches that required treatment from a neurologist. After deliberating for several hours, the jury returned with a verdict in favor of the Plaintiff for $10,637.00 ($5,637.00 for past medical expenses, and $5,000.00 for past and future pain and suffering). The jury also found that the Plaintiff was 40% comparatively at fault, thereby reducing Defendant’s liability. The final Judgment entered was $6,382.20.
#308 |
Plaintiff appeals a Magistrate Court judgment in his favor, ultimately resulting in a Defense Verdict!
| DATE: | November 19, 2009 |
| COURT NAME: | State Court of Dekalb County |
| CASE NO.: | 09A-04414-3 |
| RESULTS: | Defense Verdict |
| DESCRIPTION: | Attorney Tavis L. Knighten successfully obtained a defense verdict in a case that involved alleged personal injuries as a result of an automobile accident. This case originated in the Magistrate Court of Dekalb County, where the Plaintiff had originally claimed $12,500.00 in damages, but only obtained a judgment in his favor in the amount of $1,496.60. The Plaintiff, dissatisfied with his judgment appealed to the State Court of Dekalb County. After a one day bench trial in front of Judge Wayne Purdom, judgment was entered in favor of the Defendant and against the Plaintiff.
#320 |