Written by: Sandro Stojanovic, Esq. and Jim Hicks In cases involving injuries of spouses, that may have been caused by an employee, the insurers and employers must consider whether Interspousal Immunity applies. For example, if a husband (company employee) is traveling with his wife in a company-provided vehicle and is involved in an accident, can the wife file a claim against the father? Short answer, if an exception applies, yes. O.C.G.A. §

Written by: Sandro Stojanovic, Esq. and Jim Hicks In cases involving injuries of children, that may have been caused by an employee family member, the insurers and employers must consider whether Parental Immunity applies. For example, if a father (company employee) is transporting his family in a company-provided vehicle and is involved in an accident, can the children file a claim against the father? Short answer, if the father commits

Written by: James R. Embrey, Jr., Esq. and Sam Jones, Esq. Four million nickels, seventy thousand pounds of bacon, fourteen million bees, and forty thousand pounds of flaming avocados. This is just a short list of items that have been spilled onto U.S. roadways over the last decade while being transported by tractor trailers. Every year a larger burden is placed upon logistics companies to keep pace with an

Written by: Elizabeth F. Morrison When evaluating claims of traumatic brain injuries ("TBI"), many motor carriers and insurers focus on the seriousness or fear surrounding the term.  This is a mistake as such focus can unfavorably anchor or influence thinking about how to resolve the matter. It is important to critically evaluate a TBI claim and determine whether the plaintiff's claims satisfy well-established criteria for diagnosing a TBI, namely, what

ATLANTA – June 9, 2021 – Hall Booth Smith, P.C. (HBS) is pleased to welcome three new attorneys to the firm’s Atlanta headquarters office as it adds new talent to meet growing client needs. Partner James E. “Jim” Gilson specializes in high-exposure trial litigation for catastrophic injury, premises liability, insurance and transportation tort claims. For more than three decades, Jim has represented clients across the transportation and industrial sectors,

Written by: Daniell R. Fink, Esq. Plaintiffs’ attorneys are increasingly trying to push responsibility for fatigue to motor carriers, and it is therefore more important than ever for carriers to follow best practices, and have sound policies and procedures in place to monitor their drivers. Fatigue and related claims are becoming more scientific and specific, and going beyond the traditional subjective sense of tiredness that many people associate with “fatigue.” Inadequate

Written by: Duane L Cochenour, Esq. In 1980, Congress passed the Federal Motor Carrier Act, an Act that was intended to increase price competition, and reduce and simplify regulations on carriers. One of the most enduring benefits of the Act was a provision for the MCS-90 Endorsement ("MCS-90") which required proof of financial responsibility of motor carriers. Although the form is only two pages long, MCS-90 is one of the most

Written by: Glenn E. Jones, Esq. More than 96% of Americans now own internet capable smart phones.  With mobile phone usage continuing to rise (Americans spent 4 hours per day on their phones in 2020), and ⅓ higher than just a few years ago, the risk of mobile phone violations and litigation exposure are also on the increase. Despite laws that ban texting while driving and mandating hands-free phone calls,

ATLANTA – February 3, 2021 – Hall Booth Smith, P.C. (HBS) has named three new partners as the firm elevates leaders and recognizes their outstanding service to clients. Joining the firm’s partnership ranks are Danielle S. Blauvelt in Nashville, Elizabeth F. Morrison  in Charleston and Mariel E. Smith in Columbus. Danielle S. Blauvelt specializes in the defense of a wide range of health care liability matters, including wrongful death and

Written by: Glenn E. Jones, Esq. Georgia employers, especially those who hire and employ drivers, have an additional conduit of risk and scrutiny based on a new ruling by the Georgia Supreme Court. Georgia juries may find an employer negligent based on what is found in an employee's driving history, training history, or criminal background. The longstanding rule for negligence cases in Georgia is that a plaintiff may not recover