When choosing a Process Server for your Next Litigation Case Proceed with Caution and Choose Wisely: Don’t Fall Into the Trap of the Inperfection of Service of Process

law-badge-1164850-mOn March 17, 2015 an Article was published titled, “Sheriffs Can Ignore Private Process Servers, Judge Rules,” and it was determined that the article was both informative and accurate, but not without concern.  Said concern was expressed by attorneys that the article may suggest that the Private Process Servers in Georgia may no longer by able and authorized to duly serve process.  Naturally, this is a valid concern since service of process and perfection of the same whether it be by the Sheriff, a Private Process Server, or a Certified Process Server is the door that opens a case for litigation, and without proper service a case may be delayed for days, weeks, months, and in some rare cases years, or it may be dismissed and not pursued at all.  It is, therefore, imperative in litigation that the process of service is perfected properly in order for the case to proceed.

The decision that was written by the Honorable Judge McBurney was meant to be applicable only to certified process servers and was cast in the light that in order for service to be perfected by a private process server that the private process server must have been duly certified by the requirements set forth in the Official Code of Georgia Annotated (O.C.G.A.) Section 9-11.4.1 . Since the Honorable Judge McBurney’s decision does not have an effect on the service of process by private process servers who have been duly appointed under O.C.G.A. Section 9-11-4(c), therefore, it may be concluded during this lengthy period of time being from the enactment of O.C.G.A. Section 9-11-4.1, although said article refers to private process servers, the real fact is that the Honorable Judge McBurney’s ultimate decision has no real effect on the service of process by private process servers who have been duly appointed by the courts pursuant to O.C.G.A. Section 9-11-4(c).

While the article refers to private process servers, the fact is that Honorable Judge McBurney’s decision applies exclusively to certified process servers—private process servers who have been certified pursuant to the requirements laid out in O.C.G.A. §9-11-4.1.  As such, the Honorable Judge McBurney’s decision has no effect on service of process by private process servers who have been appointed by courts pursuant to O.C.G.A. §9-11-4(c). Therefore, the result would be that during this lengthly period of time that began with the enactment of O.C.G.A. Section 9-11-4.1 to date the reality now holds that certified process servers, unless duly appointed as certified process servers pursuant to O.C.G.A. Section 9-11-4.1  have not been properly serving process in their capacity as certified process servers.

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A Federal Jury Awards the Plaintiff $ 3.8 Million in Compensatory Damages for a Tractor-Trailer Collision in Newton County, Georgia

sunset-run-1427546-mAt 11:00 a.m. on a clear day under dry and level road conditions on I-20 in Georgia, a tractor-trailer driven by Billy Ray Outlaw going 60-65 miles per hour slammed into another tractor-trailer driven by Allen Pace, a former war veteran. The impact, the equivalent of more than 4 million lbs. of force, was so hard that it caused the container that was on Pace’s rig to tip over on its side, it broke the 5th wheel of said rig, and it knocked the rig almost 300 ft. down the roadway causing the entire rig and its contents to be completely destroyed, and causing permanent physical injuries to Allen Pace.

As a result of the collision, Pace suffered from a head injury causing him to lose his memory of the accident, and a later spinal fusion that would leave him in constant pain and unable to do what he used to do as an active, young and in shape, outdoors person. Pace’s medical bills would total over $ 40,000.00. Outlaw, who it would show lived up to his name, was, according to eyewitness testimony and blood tests following the accident, popping xanax and other opiates, and washing them down with whiskey for five (5) days straight prior to the accident. Outlaw also had heart disease and sleep apnea and experts at trial would testify that he most likely fell asleep at the wheel due to the side effect of drowsiness from the medications that he was taking and that he, “was a physical wreck before this collision.”

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The Jury in a Tractor-Trailer Logging Truck Case in Washington County, Georgia Awards $ 16.5 Million to the Plaintiffs

logging-in-bc-745925-mJust before 6:00 p.m. in November, 2011, Attorney Albert “Buddy” Dallas was traveling South on Georgia Highway 171 when the lane in which he was traveling was blocked by a logging truck owned by Bass Logging, Inc. and driven by Bennie Dixon. Unable to stop , Mr. Dallas’ pickup truck crashed into the logging truck causing Mr. Dallas to suffer broken vertebrae in his neck and back, and his shoulders were disconnected from his collarbone.

The injuries that Mr. Dallas sustained in the wreck became permanent in nature as he battles pain daily, has continuous shoulder spasms, nerve damage in his face, and exhaustion and trouble sleeping from the pain. The logging company would deny that the driver committed any wrong doing in the incident and would maintain this position throughout the course of the case and into trial.

The case would see a jury trial in 2015 whereby the Plaintiffs, Mr. Dallas and his wife, would seek general damages for Mr. Dallas not being able to maintain his law practice in a way in which he was accustomed and his wife would suffer damages for loss of consortium.

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Workers’ Compensation in Georgia: How to Maintain Safety on the Job

workman-sign-1003297-mIn order to have a safe work environment, it is important to start with having the proper safety procedures in place in the working environment.  It is then important that employees are properly trained about hazardous conditions in the workplace and how to maintain safety in the workplace.  Finally, it is important that the employees use the tools given to them from their employer and if the employee seeks additional information, then the employee can ask the employer for more guidance and/or the employee can seek guidance from the Occupational Safety & Health Administration (OSHA).

Many companies have strict safety standards that go above and beyond OSHA’s basic safety standards,  If, however, an employee notices hazards in the workplace and/or that proper safety protocol is not being followed, then OSHA gives the employee an avenue to notify the employer through OSHA, and the employee may also have her/his name kept confidential if he/she so desires.

According to OSHA, “Each year approximately 6,000 employees in this country die from workplace injuries while another 50,000 die from illnesses caused by exposure to workplace hazards.  In addition, 6 million workers suffer non-fatal workplace injuries.”  To help prevent exposure to workplace safety and health hazards, both the employer and the employee must comply with all OSHA requirements applicable and specific to that industry.  As stated above, in order to avoid accidents and hazards in the workplace it is imperative that the employer maintain a safe working environment for all employees through the employers own actions and through proper training to its employees on workplace hazards as well as workplace safety.

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A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part two

operation-1389104-mThis is my second blog post where I discuss a Medical Malpractice Case out of the State Court of Fulton, County Georgia and the first blog post is titled, “A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part one.”

The Honorable Diane Bessen would hear the case along with the Jury for three (3) days. Before deliberating, the Defendant reminded the jury that the burden of proving this case by a preponderance of the evidence was the Plaintiffs’ responsibility, and that, in the event there is a tie, that it goes to the Defendant. On February 24 the jury would return a verdict indicating that they were indeed deadlocked with 11 jurors finding for the Defendant and only 1 juror finding for the Plaintiffs. Therefore, the Plaintiffs would collect nothing in this case.

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A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part one

surgery twoThis will be my first blog post where I discuss a Medical Malpractice Case and the title to this blog post is, “A Medical Malpractice Case in Fulton County, Georgia whereby a Plaintiff, even with Injuries that were caused by the Defendant, lost the case as the Plaintiff failed to prove that the Standard of Care was Breached: VIDEO included ~ part one.”

In August of 2011, Terri Hendrix was seen by Dr. Herschel Beker, a surgeon at Resurgens Orthopedics. Ms. Hendrix presented with lower back pain radiating down her right side that was causing her difficulty at her job as a mail carrier, and also interfering with her ability to enjoy time with her family such as playing softball with her daughter.

Dr. Beker’s recommendation was surgery.  The type of surgery that was recommended involved the surgeon scraping out the disk that is diseased and then placing a bone graft. Ms. Hendrix and her husband agreed to the surgery. During this particular surgery, the abdomen is the path to the spine and, therefore, a vascular surgeon also assists with the procedure.

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