In This Section
THE VERDICT
A publication of GAPTA, Inc.
(Georgia Association of Plaintiffs' Trial Attorneys)
Vol. 1, No.4
October 1959
PRESIDENT'S COLUMN
The October VERDICT is late because of my heavy trial calendar and also because a great amount of time has been spent in making plans for our fall seminar program.
By virtue of my office as President of GAPTA, I was invited by the Board of Governors of the Georgia Bar Association to attend their meeting in Brunswick. Plans for the mid-winter Bar Association meeting to be held in Atlanta were discussed, and our organization was invited to participate.
After a long series of negotiations between our Seminar Chairman, Osgood Williams, and a committee of the Georgia Bar Association, it was agreed that our seminar would be held on Saturday, December 12, in conjunction with the mid-winter Bar meeting, December 10-12. We feel that this is an excellent arrangement. The registration fee for this seminar will be only $10.00, which is considerably less than past registrations; also, all details, including registration, will be handled through the staff of the Georgia Bar Association. I personally think that this arrangement will be mutually advantageous and will tend to increase attendance at both meetings.
In arranging our program, we made an effort to obtain Dr. Alton Oschner from New Orleans, Dr. Rigdon of Texas, and Senator Alva Brumfield of Baton Rouge to appear on a cigarettes vs. lung cancer program.
This, however, did not work out, as Dr. Oschner has just returned from Europe, and a heavy schedule will not permit his appearance. Although only local doctors will take part, we feel that we will have a well-balanced program dealing with the most common medical problems which confront the personal injury lawyer.
A splendid program of social activities has been planned for the midwinter meeting, and GAPTA is sponsoring a cocktail party on Friday afternoon, December 11.
We plan to send programs and invitations to all plaintiffs' attorneys in the southeast. Please try to attend yourself and bring a lawyer friend with you. We will have, in addition to our program, displays of brochures and blownup photographs used in the trial of personal injury cases.
On a separate page you will find the committee appointments for the year 1959-60. We consider the Legislative and Judiciary Committees of particular significance at this time because the Legislature convenes in January. We now have seven bills pending in the State Legislature left over from the last session. These bills are not for the sole benefit of the plaintiff's lawyer, but rather for the benefit of the general public. Later on you will receive a list of these bills by number and a brief statement about each, so that you may contact your local representative.
Yours for a better and larger GAPTA.
Sincerely,
CULLEN M. WARD, President
GAPTA STAFF
Editor. . . .. William W. Daniel
Associate Editor. . . Ross Arnold
Address:
925 Grant Building Atlanta 3, Georgia
COMMITTEES FOR 1959-60
Legislative Committee
Sam D. Hewlett, Jr., Atlanta, Chairman
George Bagby, Dallas, Vice-Chairman
Ernest MacDonald, Dalton, Secretary
Carl E. Sanders, Augusta
Harry Dicus, Columbus
Asa D. Kelley, Jr., Albany
Frank S. Cheatham, Savannah
Nick Long, Jr., Atlanta
Osgood o. Williams, Atlanta
Will Hayes Pickett, Jasper
Randall Evans, Jr., Thomson
Fred H. Walker, Valdosta
Judicial Committee
S. Gus Jones, Macon, Chairman
Samuel D. Hewlett, Jr., Atlanta, Vice-Chairman
Wilson Brooks, Atlanta
Judge Robert Carpenter, Atlanta
Hugh H. Howell, Jr., Atlanta
Martin McFarland, Atlanta
C. Wesley Killebrew, Augusta
Harvey J. Kennedy, Jr., Barnesville
Ronald F. Adams, Jesup
Judge Roy B. Rhodenhiser, Jr., Macon
Owen J. Adams, Thomaston
Public Relations and Membership Committee
Wilson Brooks, Atlanta, Chairman
Hugh H. Howell, Jr., Atlanta
Joseph B. Kilbride, Atlanta
Mrs. Grace W. Thomas, Atlanta
Alford Wall, Atlanta
Franklin H. Pierce, Augusta
Anthony A. Alaimo, Brunswick
William S. Cain, Columbus
Charles Hyatt, Decatur
Paul J. Jones, Jr., Dublin
Robert M. Heard, Elberton
E. W. Fleming, Hogansville
Loeb C. Ketzky, LaGrange
Fred Bentley, Marietta
Gary Hamilton, Rome
Jack Miller, Savannah
Marcus Calhoun, Thomasville
Seminar Committee and/or Continuing Education Committee
Osgood O. Williams, Atlanta, Chairman
Ernest MacDonald, Dalton, Vice-Chairman
Abe Nathan, Brunswick
E. W. Fleming, Hogansville
Hugh Head, Jr., Atlanta
Calhoun A. Long, Atlanta
Clifford Seay, Barnsville
E. W. Highsmith, Brunswick
E. J. Clower, Rome
William F. Braziel,. Savannah
Frank L. Forester, Thomasvi1le
RECENT GEORGIA CASE OF INTEREST
FAMILY CAR DOCTRINE - The 1iabtlity of a defendant is not affected by the feet that the car was kept and maintained by him primarily for business purposes where it was also kept for the pleasure and convenience of some of the members of his family. Temple v. Chastain, 99 Ga. App.
719.
FOREIGN CASES OF INTEREST FROM RECENT NACCA NEWS LETTERS
MANUFACTURERS' LIABILITY - FOR NEGLIGENT MAHUFACTURE & DESIGN 0F BULLDOZER - WHEN OPERATOR STEPPED ON INSPECTION COVER OF DECK PLATE, HINGE ON COVER BROKE OFF BBCAUSE OF DEFECTIVE WELD & PLAINTIFF'S LEG SLIPPED DOWNWARD INTO ENCLOSED MOVING PARTS OF CLUTCH ASSEMBLY - AMPUTATION ABOVE KNEE - $100,000 AWARD REDUCED ON REMITTITUR TO $80,000 - CT REJTECTS DEFENSE CONTENTION THAT SAFE USE & PASSAGE OF TIME BETEEN SALE 0F ULLOOZER IN 1949 & HINGE FAILURE IN 1952 NEGATES CAUSATION - NEGLIGENT DESIGN - JURY COULD FIND THAT DECK PLATE LIP SHOULD HAVE BEEN EXTENDED ALL THE WAY AROUND THE COVER IMPORTANT CASE: SQUARELY UPHOLDS PERMISSIBLE JURY FINDINGS THAT DEFENDANT WAS GUILTY OF' CAUSAL NEGLIGENCE (1) IN DESIGNING DECK PLATE AND (2) IN WELDING OF HINGE. Darling v. Caterpiller Tractor Co., 341 P. 2d 23 (Ga. App. 1959).
OCCUPIERS' LIABILITY - TO SHEET-METAL WORKER, EMPLOYED BY FIRM HIRED BY DEFENDANT TO INSTALL ROOFING MATERIAL ON DFENDANT'S BUILDING - WORKER FELL THROUGH SKYLIGHT WHICH WAS ALREADY CRACKED & BROKE UNDER HIS WEIGHT - EMPLOYEE OF CONTRACTOR AN INVITEE OF OWNER ERROR TO DIRECT FOR DEFENDANT DEFENDANT'S DUTY UNDER LABOR CODE. Johnson v. A. Schilling &: Co., 339
P. 2d 139 (Cal. App. 1959) (held, as to unsafe conditions of employ ment existing at time owner turns place over to independent contractor, owner is an "employer" within Labor Code &, as such, is obligated to furnish place of employment which is "safe for employees therein;" such statutory duty (unlike the common-law duty of occupier to invitee) cannot be satisfied by mere warning or obviousness).
AGAINST VENDORS, MANUFACTURERS & SUPPLIERS - UNLAWFUL SALE OF RIFLE TO MINOR - SELLER HELD GUILTY OF STATUTORY NEGLIGENCE PER SE - CONTRIBUTORY NEGLIGENCE OF MINOR NO DEFENSE. Tamiami Gun Shop v. Klein, 109 So. 2d 189 (Fla. App. 1959) (where defendant firearms dealer, in violation of statute & ordinance, sold repeating rifle to minor plaintiff & while returning by car from target practice in Everglades, rifle discharged when car struck depression in road, shattering plaintiff's thumb, held, aff'ming summary judg ment for plaintiff: (1 ) contributory fault is not a defense when defendant's negligence consists in violating statute or ordinance enacted for protection of specific class of persons from their inability to exercise self-protective care; (2) violation of the statute & ordinance was negligence per se & the proximate cause of the accident as a matter of law). (Editor's note: Ga. Code 126-5108-- makes it unlawful in case of a Pistol)
AGAINST INSURANCE COS. - BAD FAITH REFUSAL TO SETTLE HELD LIABLE FOR FULL JUDGMENT IN EXCESS OF POLICY LIMITS COULD HAVE SETTLED 4 PASSENGER CLAIMS (ONE F'ATAL) AGAINST ITS INSURED FOR 25% LESS THAN POLICY LIMITS - PACKAGE OFF TO SETTLE ALL 4 CLA1MS FOR $7,500, LIMITS OF $10,000, & ULTIMATE JUDGMENT OF $31,954 - DISCOVERY - COMMUNICATIONS BETWEEN LIABILITY INSURER & COMMON ATTORNEY REGARDING SETTLEMENT NOT PRIVILEGED AS TO INSURED - MEMO FROM INSURER'S CLAIM MGR. TO INSURER'S GENERAL SUPERVISOR OF CLAIMS, CONTAINING CAVALIER REJECTION OF INSURER'S LOCAL DEFENSE ATTORNEY'S EARNEST RECOMMENDATION TO ACCEPT PLAINTIFF'S SETTLEMENT OFFER, HELD PROPERLY ADMITTED - SUCH INTEROFFICE MEMO NOT PRIVILEGED SINCE NOT WORK PRODUCT OF ATTORNEY, JUST CLAIMS OFFICIAL - INSURED'S ACTION FOR WRONGFUL REFUSAL TO SETTLE ARISES BEFORE PAYMENT OF JUDGMENT: INSURED CAN COLLECT FROM INSURER EVEN THO' HE HAS NOT PAID THE JUDGMENT. Henke v. Iowa Home Mut. Cas. Co., 97 N. W. 2d 168 (Iowa 1959)(very important & 1st-rate opinion on insurer's duty to settle).
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101 Marietta Street
Atlanta, GA 30303
Phone: (404) 522-8487
Fax: (404) 522-3705
About Us
Since 1956, GTLA has worked tirelessly to ensure that everyday citizens, Georgia families and small businesses are never deprived of their constitutional guarantee of access to true justice. The Mission of GTLA is simple: We are dedicated to protecting the Constitutional promise of justice for all by guaranteeing the right to trial by jury, preserving an independent judiciary, and providing access to the courts for all Georgians.