In Georgia, a new decision was reported by the Georgia Supreme Court that addressed the late disclosure of an expert witness.  In Lee v. Smith, 307 Ga. 815, 832 SE 2d 870 (2020), Plaintiff’s counsel identified an expert witness on the last day to disclose witnesses under a consent scheduling order, effectively leaving Defense counsel with no time to identify a rebuttal expert.

When Defense counsel later identified a rebuttal expert, the trial court excluded the rebuttal expert solely because, under the consent scheduling order, the expert was identified late. When the case reached the Georgia Supreme Court, the Supreme Court held that a trial court cannot exclude an expert witness solely because the witness was identified after the deadline set in a scheduling order, by the discovery rules, or case management order. Instead, a trial court must also consider:

(1) the explanation for the failure to disclose the witness,

(2) the importance of the testimony,

(3) the prejudice to the opposing party if the witness is allowed to testify, and

(4) whether a less harsh remedy than the exclusion of the witness would be sufficient to ameliorate the prejudice and vindicate the trial court’s authority. Ultimately, the case was remanded so the trial court could reconsider its ruling excluding the rebuttal expert considering the four factors identified by the Georgia Supreme Court.

Featured In This Article:

Adam C. Joffe

Partner

Atlanta Office

Straight to the point, spider bites can be compensable “accidents” under the Georgia’s Workers’ Compensation Act, assuming the accident arises out of and in the course of employment. However, there are some big red flags to look out for before accepting a spider bite claim, especially if an injured worker reports things like, 

“This must be a spider bite because I don’t know what else it could be, and it must have happened at work because I don’t know where else it could have happened.”

So, at the risk of sounding daft, 

Did a spider actually bite them? 

Most spiders are harmless. They either do not bite people or are not venomous. Even still, people frequently misdiagnose spider bites when they have other medical conditions, including, but definitely not limited to, cellulitis (a bacterial skin infection).

Other than the employee’s testimony, is there other evidence of a spider bite?

If the individual saw the spider and reported the bite soon after, there is a much higher likelihood that the bite happened as the employee alleges. However, because people misdiagnose themselves with spider bites, if the employee only reported the alleged bite days or weeks after the fact, your spider-sense should be tingling. If the employee reported the claim late, it starts to appear more likely the employee may have misdiagnosed a skin infection as a “spider bite.” 

Similarly, if you are examining a claim and have medical records, pay close attention to whether the doctor(s) treated a spider bite or some other skin condition. However, remember, even if the doctor(s) treated them for cellulitis, you are not out of the woods just yet because insect bites can cause cellulitis, so you still should investigate whether the evidence supports an actual spider/insect bite.

Did the bite actually “arise out of and in the course of” their job duties? Put another way, did the bite occur in an area known to have a greater risk of spider bites?

Even assuming that a spider bit the employee at work, there still are spiders in more places than just work. When a similar issue came before the State Board of Workers’ Compensation, Judge Stenger noted spiders were a hazard that the employee was “equally exposed to even away from employment.” In that case, the injured worker worked on a loading dock but could not testify to seeing any spiders or other “harmful creatures” in his work area. After hearing the evidence, the ALJ declined to award benefits because there was not a “persuasive work connection.”

You can read the published State Board decision cited above by clicking here.

If you have an injured worker complaining about a spider bite, contact Jonathan Anderson, (404) 926-4104 or janderson@gm-llp.com to walk through the facts before deciding whether to accept or deny the claim.

Featured In This Article:

Jonathan C. Anderson

Partner

Atlanta Office

James Hankins and Samantha Mullis secure a discovery win against a medical funding company, which will have implications for future cases. 

In the case of Cardona v. Barry McGown et. al., after learning that a funding company was responsible for referring a Plaintiff to doctors and approving medical treatments, James and Samantha sought discovery from that funding company.  The funding company refused to provide requested documents (i.e. communications with plaintiff’s counsel, purchase contracts, amounts paid to the medical providers), objecting that the Requests were overbroad, irrelevant, protected by the Georgia Collateral Source Rule, proprietary, and privileged. James and Samantha filed a motion to compel the production of the requested documents, and they recently argued a Motion to Compel Document Production from that funding company in front of the State Court of Cobb County.

At the hearing, Samantha argued that the documents are discoverable because they show the reasonableness of Plaintiff’s medical expenses along with bias on the part of the medical provider. The funding company reiterated its objections, claiming that it is a non-recourse provider of funding to injured plaintiffs and that any documents it had are protected by the Collateral Source Rule.

After the hearing, the trial judge agreed with James and Samantha and he found that that the documents sought may be admissible to show bias on the part of medical providers, attack the credibility of the providers, and may admissible on the issue of the reasonable value of the medical treatment, and are therefore, discoverable.  The trial judge went on to order the funding company to produce the requested documentation.  

Although this discovery win will be helpful in defending the Cardona case, the trial court’s order will have broad implications and support future arguments in support of seeking discovery from funding companies.  If you have any questions on the role of medical funding companies in litigation, feel free to reach out to James and Samantha to discuss this matter further. 

Featured In This Article:

James T. Hankins, III

Partner

Atlanta Office

Goodman McGuffey LLP Associate Attorney, Teri Bussey, has been appointed to The Florida Bar’s Workers’ Compensation Rules Advisory Standing Committee for 2020-2023. The Workers’ Compensation Rules Committee in in charged with the duty of regular review, evaluation of the Rules of Procedure for Workers’ Compensation Adjudications promulgated by the Division of Administrative Hearings (DOAH) and Office of Judges of Compensation Claims (OJCC) and assist DOAH and OJCC in the drafting rules of Workers’ Compensation procedure “to advance orderly and inexpensive procedures in the administration of justice.” See, Fla. R. Jud. Admin. 2.130(b)(6).

The Committee does not perform the same role as other standing “rules” committees of The Florida Bar. The Florida Supreme Court has determined that it lacks jurisdiction to promulgate rules of Workers’ Compensation procedure. See, Amendments To The Florida Rules Of Workers’ Compensation Procedure, 29 Fla. L. Weekly S 734 (Fla. Dec. 2, 2004). Therefore, the Committee does not follow the procedure for amending rules as set forth in Fla. R. Jud. Admin. 2.130. Instead, the Committee’s primary focus is Workers’ Compensation procedural rules proposed by DOAH and OJCC.

The Committee’s goal is to provide assistance to DOAH and OJCC in drafting Workers’ Compensation procedural rules and has authority to propose rules. The Committee is composed of experienced Workers’ Compensation practitioners.

The Committee is responsible to monitor rules changes proposed by DOAH and OJCC and advise the Board of Governors whether the Committee is in favor of or against the rules. The Committee shall inform The Florida Bar and its members of procedural rules promulgated by DOAH and OJCC. To learn more about the nature and purpose of this committee, click HERE.

Teri Bussey joined Goodman McGuffey’s Orlando, FL office as an Associate Attorney in December 2019 and focuses her practice primarily in the area of workers’ compensation. Teri is an active member of The Florida Bar and The Georgia Bar, as well as the Florida Defense Lawyers Association. Teri was appointed to the Florida Bar Board Certification Committee for Workers’ Compensation from 2015-2017 and became Florida Bar Board Certified from 2007-2017.

Goodman McGuffey LLP is looking for an experienced Paralegal for our Sarasota, FL office. Please review the job description and requirements below. If you are interested, please apply through either our LinkedIn or Indeed job postings and attach your resume.

Litigation Paralegal

Sarasota, FL

Established, multi-state, AV rated, insurance defense litigation firm is seeking an experienced Litigation Paralegal to handle growing needs in the Sarasota, FL office. Goodman McGuffey LLP is a leading regional law firm with eight offices in FL, GA, NC & SC.

Responsibilities:

• Must be able to prepare discovery documents, legal pleadings, obtain discovery from non-parties and correspondence.
• Must be able to review and analyze medical records and other documents as required.
• Must be able to evaluate investigation materials and draft responses to written discovery.
• Must be able to review and summarize depositions.
• Must become familiar with client guidelines for billable and non-billable activities.
• Must have experience recording time entries for all daily tasks, with knowledge and appropriate use of ABA task codes.
• Must have exceptional communication skills, and be comfortable communicating with clients, courts, witnesses, parties, etc.

Qualifications:

• Minimum of 2-3 years’ litigation experience.
• College degree (bachelor’s degree or equivalent)
• Paralegal certificate (preferred)
• Must be organized and capable of handling multiple complex tasks simultaneously, and perform assignments with speed and accuracy, creating a professional work product.
• Must have advanced technology skills, including document and case management in paperless environment.

Competitive salary and benefit package offered.

Goodman McGuffey LLP is an Equal Opportunity Employer and does not discriminate against any employee or applicant based on race, color, sex, age, national origin, religion, sexual orientation, gender identity, status of a veteran and basis of disability, or any other federal, state or other protected class.

Please submit your cover letter, resume and salary expectations.

Sarasota*Orlando*Atlanta*Savannah*Charlotte*Raleigh*Columbia*Charleston

Job Type: Full-time

***COVID-19 Considerations:
We have taken measures to ensure the safety of our employees by encouraging all to work remotely, providing gloves and masks to all in office, and propping open all doors to minimize touching surfaces and the spread of germs.

If you have any questions regarding this job position, please fill out our Contact Us form on our website, https://www.gm-llp.com/contact-us/

Thank you!

Two attorneys from Goodman McGuffey LLP have been recognized in the 2021 edition of The Best Lawyers in America – “Ones To Watch”. They are associates Alyce Ogunsola and Samantha Mullis, both working out of the firm’s Atlanta, GA office.

Alyce has been named to “Ones To Watch” for her work in Labor and Employment Law – Management. Alyce primarily focuses on representing employers in a wide array of employment matters including discrimination, harassment, wage and hour, Family Medical Leave Act, and directors and officer’s liability. Alyce is licensed to practice law in Georgia, New York, and the District of Columbia.

Prior to joining the firm, Alyce was as an attorney with the Georgia Department of Community Health, advising the agency on employment and health law matters. She also previously served as the Americans with Disabilities Act Coordinator for the Federal Housing Finance Agency and worked as an associate at a boutique labor and employment law firm in Washington, D.C. Alyce graduated from Duke University with a Bachelor of Arts degree in Psychology and a minor in English. She received her J.D. from Cornell Law School and while attending law school, she served as an editor of the Cornell Journal of Law and Public Policy as a judicial intern for Judge Inez Smith-Reid of the District of Columbia Court of Appeals.

Samantha has been named to “Ones To Watch” for her work in Insurance Law. Her practice focuses on representing insurers in coverage disputes and on representing individuals and companies in a variety of general liability matters.

Before joining the firm, Samantha clerked for Judges Daniel Craig and Wade Padgett in the Superior Court of the Augusta Judicial Circuit. After clerking, she briefly served as an assistant district attorney for the Eastern Judicial Circuit in Chatham County. Samantha graduated cum laude from Newberry College in 2012 with a Bachelor of Science Degree in Mathematics. She received her law degree from the Charlotte School of Law where she graduated with honors in 2014.

Samantha maintains active law licenses in North Carolina, South Carolina, and Georgia. In the summers, Samantha volunteers for a Courageous Kidz Camp that assists children with cancer and their families.

Goodman McGuffey attorney Peter Muller has been recognized in the 2021 edition of The Best Lawyers in America for his work in Litigation – Insurance. Peter is the managing partner of the firm’s Savannah, GA office and has been defending a variety of lawsuits throughout South Georgia for over 30 years, including premises liability, trucking accidents, construction liability, professional liability, catastrophic injuries, and EEOC claims. Peter has extensive experience at the appellate and trial levels, and he has successfully concluded numerous suits through mediation.

Peter has been recognized by the Atlanta Magazine as a Georgia “Super Lawyer”, as well as a “Legal Elite” within the Georgia Trend Magazine. Peter has also been recognized for his strong legal ability and high ethical standards and holds a Martindale-Hubbell AV Preeminent® Peer Review Rating, the highest peer rating standard.

Peter is a past president of the Georgia Defense Lawyers Association and was a long-time member of the Executive Council of the Younger Lawyers Division of the State Bar of Georgia. He is very active within the Savannah-area community. He is a past president of the Hibernian Society of Savannah and is president of the German Heritage Society of Savannah. He is a Trustee of The Teutonic Council of Savannah and is on the board of the Skidaway Island Republican Club. He is a graduate of Leadership Savannah and is a past member of the school council of Savannah Arts Academy. Peter is a Rotarian and has been a frequent coach and a judge of the high school mock trial competition for South Georgia. 

Featured In This Article:

Peter D. Muller

Partner

Savannah Office

Goodman McGuffey attorney Robert Luskin has been recognized in the 2021 edition of The Best Lawyers in America for his work in Litigation – Labor and Employment. Robert Luskin is a partner working out of the Atlanta, GA office and is an experienced trial lawyer who represents clients in a wide range of insurance matters and employment litigation in Federal and State Courts across Georgia and the Southeast. Robert has experience in defending corporations and individuals in various complex litigation matters, as well as extensive experience in the areas of products liability, premises liability, professional negligence, questionable insurance claims and other insurance coverage matters.

Robert is the recipient of several awards and achievements and has even been recognized by Atlanta Magazine as a Georgia “Super Lawyer” from 2008 to the present. Robert has also been recognized for his strong legal ability, professional excellence, and high ethical standards. Robert holds a Martindale-Hubbell AV Preeminent® Peer Review Rating, the highest peer rating standard. Robert is active in the Atlanta Bar Association (Litigation Section); the International Association of Defense Counsel employment committee chairperson; State Bar of Georgia; the Tennessee State Bar, the Atlanta Volunteer Lawyers’ Foundation and serves as a Guardian ad Litem. Robert is a founding member of Georgia’s chapter of the National Society of Professional Insurance Investigators and currently serves as the national president of NSPII. 

He is a frequent presenter at the National PLRB Seminar, IASIU, NSPII, CLM, and many other national and regional seminars. He serves on the steering committee of DRI Employment Labor and Law committee and is a Member of the International Association of Defense Counsel (IADC), and Federation of Defense & Corporate Counsel (FDCC). He is a past president of the Atlanta Chapter of CLM.

News reports indicate that the City of Atlanta has adopted a new policy not to respond to auto accidents unless there is a report of injury.  According to the City of Atlanta police department, the change in policy is a result of COVID-19 and an attempt to follow social distancing guidelines.  Atlanta Police say the procedure for drivers after a crash is to move to the side of the road, exchange information with the other driver, take photos, and fill out a SR-13 form. 

This change in policy will make processing property damage only claims more difficult, as well as John Doe uninsured motorist claims under O.C.G.A 33-7-11. 

An additional concern is that without a third party witness or officer there is a risk that those that are looking to be unscrupulous can exaggerate property damages or the number of individuals in a particular vehicle.  

If you have any questions regarding these concerns, please feel free to contact Adam Joffe or Robert Luskin.

Featured In This Article:

Adam C. Joffe

Partner

Atlanta Office

Goodman McGuffey’s Atlanta office wrapped up this year’s Summer Clerk Program today. This was certainly a strange summer for clerkship and was not what it ordinarily would have been, due to the circumstances and many effects of COVID-19. However, we were still able to provide legal experience and comprehensive assignments to our fantastic 2020 Summer Clerk, Milosz Alberski.

The Summer Clerk Program at Goodman McGuffey allows law students to be exposed to all aspects of the firm’s practice and our experienced attorney’s across various practice groups and offices. Summer clerks are assigned comprehensive assignments ranging from legal research to drafting and preparing legal briefs, correspondence, and other pleadings. We also strive to provide our summer clerks with firsthand experience to work alongside our attorneys.  

“My summer at Goodman McGuffey was a great learning experience. It is not very common for a 1L student to work at a civil litigation law firm, drafting briefs, motions or deposition summaries for clients and actively participating in depositions, and mediations, but I got to do just that and so much more. I gained a substantial amount of experience and expanded my understanding of tort law. I was able to witness Goodman McGuffey successfully handle the unusual circumstances caused by the COVID-19 pandemic and I am so glad I was able to be a part of this amazing team.”

We wanted to thank you for all your hard work and assistance on many projects during your time with us. Even though we were not able to provide the usual firm outings that are a part of our Summer Clerk Program, we nevertheless hope you enjoyed your time with us and wish you nothing but absolute success in your future.