When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken &… Read More »Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute
This article by David Cook was published in the October issue of IEC Insights. http://www.ieci.org/newsroom-and-insights/spotting-problem-projects Perhaps more than any other specialty contractor, electrical contractors bear the brunt of… Read More »Spotting Problem Projects
The Georgia Court of Appeals recently addressed the distinction between professional negligence vis‑à‑vis simple negligence. This distinction was particularly important in Hamilton-King v. HNTB Georgia, Inc., 2011 WL 2716073 (2011) because the trial court previously excluded Plaintiffs’ expert testimony, an essential part of its professional negligence claim. Without the expert testimony, Plaintiffs’ professional negligence claim was doomed. The only remaining question was whether Plaintiffs also asserted claims of simple negligence. Finding that the claims were based solely on professional negligence, the case was properly dismissed.