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The Hamilton Firm Blog

Georgia Chiropractor Alleged to Have Falsified Thousands of DOT Physical Exams for Truckers
The Hamilton Firm Team

None Truckers came by the thousands from all across the country, pulling into into the Petro Stopping Center, a 24-hour truck stop off Interstate 285 in Atlanta, where they could find coffee and CB radios, tires and a tattoo shop, and a chiropractor, known as “Dr. Tony.” Dr. Anthony Lefteris got federally certified in 2014…

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Georgia Cdl Manual
The Hamilton Firm Team

None Whether you are a truck driver or a trucking lawyer, you must be familiar with the rules and regulations. In Georgia, one crucial document to be familiar with is the Georgia Commercial Drivers Manual. A copy of the Manual can be found here.If you need to speak one of our lawyers regarding a Georgia…

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Fmcsa Expands Personal Conveyance Exemption to Hours of Service Rules
The Hamilton Firm Team

None Effective immediately, the Federal Motor Carrier Safety Administration (FMCSA) has said it will allow drivers to use personal conveyance status to get to the nearest safe parking spot/rest location after hours are exhausted by a shipper/receiver, or off-duty periods are interrupted by law enforcement. Will this expansion of the “personal conveyance” exemption be abused…

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Experts and Apportionment in Georgia: Lessons from Brown V. Tucker, Part Ii
The Hamilton Firm Team

None Tucker was a passenger in a pickup truck driven by Brown, who struck a tractor-trailer rig parked by the road. The passenger, Tucker, sued Brown for her resulting injuries, and the jury returned a verdict of $2 million in damages, but apportioned 40 percent fault to the nonparty tractor-trailer driver and 60 percent to…

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Experts and Apportionment in Georgia: Lessons from Brown V. Tucker, Part I
The Hamilton Firm Team

None Tucker was a passenger in a pickup truck driven by Brown, who struck a tractor-trailer rig parked by the road. The passenger, Tucker, sued Brown for her resulting injuries, but did not sue the trucking company or the truck driver. Before trial Brown identified the tractor-trailer driver as a nonparty against whom the jury…

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Essentials of Tennessee Tort Law: Personal Injury & Death Cases – a Quick Reference Guide for Lawyers
The Hamilton Firm Team

None The Statute of Limitations is ONE YEAR: Statutes of Repose:$750,000 cap on non-economic damages:Comparative Fault:Liability Insurance is not discoverable in state courts:UM/UIM coverage (policies issued in TN):Products Liability:Premises Liability:Medical Malpractice (Health Care Liability):Governmental Tort Liability:Wrongful Death:Punitive Damages:Miscellaneous: PLEASE NOTE: This is intended only as a summary and quick reference guide for lawyers. It is…

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Durham School Services Has at Least $13,500,000 Liability Coverage
The Hamilton Firm Team

None Information from reliable sources indicates that Durham School Services is insured with Old Republic Insurance Company. One policy has limits of $5,000,000.00, and another provides excess coverage of $8,500,000.00. This is probably on top of a self-retainage limit. Durham School Services, their parent company, National Express LLC (NELLC), operate more than 21,500 school buses…

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Does the Woodmere School Bus Driver’s Conviction of Felonies Lift the Caps on Noneconomic Damages?
The Hamilton Firm Team

None Now that former Durham Transportation school bus driver Johnthony Walker has been found guilty of six counts of criminally negligent homicide by a Hamilton County jury, the question arises as to whether the felony convictions lift Tennessee’s caps on noneconomic damages for victims of his negligence. Walker was driving 37 children from Woodmere Elementary…

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District Court Finds That No Federal Law Requires Msa in Tort Settlements.
The Hamilton Firm Team

None A recent Opinion from the U.S. District Court in New Jersey, Jeffrey Sipler v. Trans Am Trucking, Civ.No.10-3550 (DRD) states very clearly that “no federal law requires set-aside arrangements in personal injury settlements for future medical expenses.” The defense tried to impose a confidentiality clause and sort of a Medicare Set-aside (MSA) arrangement on…

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Defective Expert Affidavit in Georgia Can Be Cured by Substituting Another Expert’s Affidavit
The Hamilton Firm Team

None The expert affidavit law, O.C.G.A. § 9-11-9.1, which was originally enacted in 1987, supposedly to reduce litigation by weeding out frivolous lawsuits, is still spawning litigation nearly 30 years later. What if the plaintiff’s expert is deemed not competent to testify in a medical malpractice case under the stringent requirements of O.C.G.A. § 24-7-702(c)(2)…

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