Kastorf Law helped secure a reversal on appeal in a case involving a forklift injury on a jobsite.
Appeals

Does Premises Liability Law Apply to a Vehicle Accident on a Job Site?

Kurt Kastorf is happy to report a nice victory in the United States Court of Appeals for the Eleventh Circuit for Jeff Helms and his client, Michael Newcomb. Mr. Newcomb was picking up a delivery of corn at Spring Creek’s facility when one of its employers severely injured him with a forklift.

An image of a medical procedure.
Embedded Trial Counsel

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary

What to Do When a Defense Expert Claims a Medical Procedure Was Unnecessary A useful practice pointer from Scott Campbell this morning at the Fried Rogers Goldberg Workshop: When the defense has a credible medical expert offer an opinion in a deposition that a procedure was unnecessary, one strategy is to push that expert

An image of an injured stuffed animal.
Embedded Trial Counsel

Do a Small Number of Physicians Account for Most Medical Malpractice Claims?

A study in the New England Journal of Medicine supports what most trial attorneys know intuitively. A substantial portion of malpractice claims are concentrated among a small number of physicians. This result is consistent with the fact that very few malpractice claims result in settlement, and even fewer go to trial. The

An image of a dark, empty, hallway.
Appeals

How Specific Must Evidence of Deliberate Indifference to Medical Need Be?

APRIL 3, 2019 Today the Eleventh Circuit published a useful opinion for civil rights attorneys. See Taylor v. Hughes, 11th Cir. Case No. 17-14772, available here. The case involved an individual who was found drunk in his vehicle. He insisted he had been in an accident. Some evidence reflected that he had

An image of money.
Appeals

Are Punitive Damages Available in Georgia for Abusive Litigation?

Today the Supreme Court of Georgia granted certiorari on a potentially important question:  Does the language “all damages allowed by law” in OCGA § 51-7-83(a) authorize an award of punitive damages in a statutory claim for abusive litigation? Section 51-7-83 permits a plaintiff to obtain all damages allowed by law