The Hamilton Firm Blog

Per O.C.G.A. 40-1-117, “except in those cases where the Constitution requires otherwise, any action against any resident or nonresident motor carrier for damages by reason of any breach of duty . . . may be brought in the county where the cause of action or some part thereof arose.” If you have been in injured…

Congratulations to Patrick Cruise, who was recently published in the AAJ Trucking Litigation Group: Journal of Trucking Litigation, Winter 2026, regarding his work on a successful MCS-90 trucking case. If you are seriously injured in a truck wreck, or you are a lawyer handling a truck wreck case and want assistance, Patrick is available to…

Per Rule 3.7 of the Tennessee Rules of Professional Responsibility: (a) A lawyer shall not act as an advocate at a trial in which the lawyer is likely to be a necessary witness unless: (1) the testimony relates to an uncontested issue; (2) the testimony relates to the nature and value of legal services rendered…

A party is forbidden from deposing opposing counsel, except when the party seeking the deposition proves that (1) no other means exist to obtain the information than to depose opposing counsel; (2) the information sought is relevant and nonprivileged; and (3) the information is crucial to the preparation of the case.  Shelton v. Am. Motors…

Rule 615, often called simply “The Rule”, is titled “Exclusion of Witnesses”.  “The Rule” is short for The Rule of Sequestration.   Importantly, Rule 615 is found in the Tennessee Rules of Evidence.  The Tennessee Rules of Evidence “govern evidence rulings” and “apply in all trials.”  Tenn. Rules of Evidence 101 and Advisory Commission Comments. Thus,…

Assume you are stopped at a red light. The driver behind you hits your car. You are injured. The police come to the scene and issue a citation to the defendant for following too closely. Is the citation admissible as evidence of negligence if the personal injury case goes to trial? As with many legal…

In Tennessee, “No person shall throw or deposit on any highway any bottle, glass, nails, tacks, wire, cans or any other substance likely to injure any person, animal or vehicle upon the highway.” TCA 55-8-170(a). In addition, “Any person who drops, or permits to be dropped or thrown, upon any highway any destructive or injurious…

Wrongful death is an action for the death of a human caused by negligence or criminal destruction. Georgia recognizes two separate types of claims in a wrongful death action. One is the claim filed by the family member(s) to recover the “full value of the life of the decedent”. This would include tangibles such as…

From all of us at The Hamilton Firm LLC, we want to extend congratulations to Attorney Annette T. Kelley for her selection as a 2025 Mid-South Super Lawyer! Want to know more about Attorney Annette Kelley? Or do you need our law firm’s help with an injury claim in Chattanooga? Call (423) 634-0871 or submit an online contact form now. More About Super…