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Samuel A. Mullman

Aug 26, 2021

No Reduction Of Damages Against A Single Defendant Based On Allocation Of Fault To A Nonparty

In a case of first impression, the Supreme Court of Georgia held that O.C.G.A. § 51-12-33 does not allow a reduction of damages against a...

Samuel A. Mullman

Jul 21, 2021

You Must Serve Every Known Address You Have Or Risk Default Being Set Aside

A trial court in Georgia set aside a default judgment stating, (1) that service was insufficient, and (2) that the court had wide...

Samuel A. Mullman

Jul 9, 2021

Spoliation Is A Question To Be Decided By Judge Prior to Trial, Not at Charge Conference Mid-Trial

The Georgia Court of Appeals decided that a trial judge erred in instructing the jury on spoliation of evidence that effectively made the...

Samuel A. Mullman

Apr 16, 2021

Statute Of Limitations For Breach Of Express Warranty Vs. Implied Warranty

As a general rule, contract claims are subject to a six-year statute of limitation. See OCGA § 9-3-24. The “six-year period begins to run...

Samuel A. Mullman

Apr 8, 2021

Receiver or Auditor Cannot Also Be Appointed As Special Master

The Court of Appeals of Georgia stated that an individual cannot act as both a receiver/auditor and a special master in the same matter...