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Archive by Month: June 2022

Second Successful Daubert Challenge Within Past Three Months

By June 21, 2022 News/Events/Seminars

Attorneys Wayne Tartline and Eric Connelly recently obtained a trial court order excluding causation testimony of a doctor identified by the Plaintiff to provide testimony in support of Plaintiff’s special damages. In excluding the causation testimon, the State Court Judge found that “the basis for any causation testimony . . . is not based upon sufficient facts and data and does not satisfy the Daubert standard.” 

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CONDITIONAL & UNCONDITIONAL CONDITIONS: THE 2010 A-312 BOND

By Gregory R. Veal June 8, 2022 Articles

The 2010 version of the AIA Form A-312 performance bond is an effort to balance, and interconnect, the rights and duties of the obligee and the surety. It replaces the 1984 version with a few tweaks and one major shift of risk: requiring the surety to prove prejudice to enforce the notice requirement in Section 3. This article discusses the conditions contained in the 2010 AIA Form A-312 bond.

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Bovis, Kyle, Burch & Medlin Absolves UIM Carrier of Liability Through Favorable Trial Verdict

By June 3, 2022 News/Events/Seminars

In a case tried in May in Gwinnett County, Bovis, Kyle attorney Brian Alligood successfully limited two personal injury Plaintiffs to a combined recovery of less than $11,000.00, despite medical bills approaching $100,000.00 and after their attorney requested roughly $300,000.00 in total damages during closing argument. 

The case was filed jointly by the driver and front seat passenger of a vehicle that collided in an intersection when an opposing driver turned left into their path on a late Friday afternoon. The driver of the other vehicle admitted fault for the accident, and her liability carrier tendered its minimum liability limits to both drivers. Both Plaintiffs subsequently filed suit demanding substantial, additional monies from the UIM carrier that insured their vehicle.

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