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Recent Blog Posts

Evidence In A Nuisance And Trespass Lawsuit

The photograph in this post was one of many evidence  photographs in a previously filed and settled nuisance and trespass case where a Defendant landowner caused a subcontractor to clear cut trees from its property and pile the felled trees and other debris from the Defendant’s property onto the Rumsey and Ramsey client’s property that […]

Flooding Caused By Builders And Developers Altering The Terrain: Potential Nuisance And Trespass Claims

New Building And Development Activities Causing Storm Water Flooding On Adjacent Properties As new building developments in suburban and rural areas become more prevalent, the chances of property owners and their properties near to these developments being adversely affected in one way or another by the development activities increases as well. A not so usual […]

2023 Update On The Ante Litem Notice: A Continuing Potential Legal Pitfall For Injury Claims Against A City

In a March 2020 opinion, the Georgia Court of Appeals clarified for attorneys with injury claims against Georgia municipalities what is required in the ante litem notice that has to be received by the city within the 6 month period after the date of injury in order to preserve injury victim’s claims against a city.  […]

2023 Sovereign Immunity Update: A City Housing Authority Not Immune From Personal Injury Lawsuit

On June 27, 2023, the Georgia Court of Appeals ruled in Pass v. Athens Housing Authority that the Athens Housing Authority was not shielded from a personal injury lawsuit by sovereign immunity. The trial court incorrectly ruled that state sovereign immunity applied to the Athens Housing Authority and it dismissed a lawsuit filed against it […]

Bank Accounts, And Beneficiary Designations- A Tool To Avoid Probate

It is important to remember that time and expense can be saved regarding passing on to your heirs or loved ones bank accounts, savings accounts, brokerage accounts, and other similar accounts by filling out the beneficiary designation at the time the account is opened. This is a form provided by your bank or brokerage firm […]

What Does The Second Amendment To The U.S Constitution Actually State?

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The reader should note that the U.S. constitutional guarantee set forth above does not include the right to possess any specific type of firearm.

2020 Update On The Ante Litem Notice: A Potential Legal Pitfall For Injury Claims Against A City

In a March 2020 opinion, the Georgia Court of Appeals clarified for attorneys with injury claims against Georgia municipalities what is required in the ante litem notice that has to be received by the city within the 6 month period after the date of injury in order to preserve injury victim’s claims against a city.  Unlike a personal injury claim against a private company or individual, a claim […]

2020 Coronavirus Pandemic and Business Interruption Insurance Coverage: It’s Worth A Review

The 2020 coronavirus pandemic is now causing businesses across the country to suspend operations and lay off employees. Business owners whose businesses are being financially impacted by the coronavirus pandemic, through government imposed closures or other restrictions, may want to have their existing business insurance coverages reviewed by an attorney. Business interruption coverage, which may have been one of the […]

Encouraging Negligent Conduct Through Technology: Snapchat’s Speed Filter And Potential Liability For Encouraging Unsafe Driving

In a recent Georgia Court of Appeals decision, the Court reversed the trial court’s grant of Snapchat’s motion to dismiss an injured victim’s claims. The trial court ruled that the claims against Snapchat were subject to the immunity provisions of the Communications Decency Act (CDA). Accordingly, the trial court dismissed the injured victim’s claims. The Court of Appeals […]

Trespass And Punitive Damages: Landowners And Their Often Overlooked Rights

In a most recent Georgia Court of Appeals ruling involving land, the Court ruled that trespass is an intentional act that will authorize the award of attorneys’ fees and punitive damages against the wrongdoer. Although this ruling relied on established case law, it is a current reminder that cases involving the intentional encroachment or going upon the land […]