Archive by Month: May 2022

BKBM Attorneys Make Successful Daubert Challenge

By May 20, 2022 News/Events/Seminars

Daubert Challenge Bovis, Kyle, Burch & Medlin attorneys Wayne Tartline and Eric Connelly recently obtained a trial court order excluding the causation testimony of not just one, but two, of Plaintiff's doctors, one of whom performed surgery on the Plaintiff.

Wayne and Eric argued that the doctors' opinions were not based upon a real forensic investigation or scientific process, but they were based only upon the questionable reporting of their patient (as happens in many personal injury cases).

The Court granted their motion, and they were successful in excluding the testimony of the doctors as not reliable under Daubert and related Georgia law which requires doctors who testify as to the cause of a medical condition to have performed a legitimate investigation on the issue before giving such crucial testimony before a jury.

Wayne and Eric practice in the firm's civil litigation department with a focus in complex litigation, which includes defense of tort claims (motor vehicle, UM, premises, etc.), business litigation, defense of commercial liability disputes, legal malpractice and professional liability defense, commercial development/construction/erosion litigation, and intellectual property infringement and trade secrets litigation.

Legislative Alert: Workers' Compensation Maximum Benefits Rates Increased

By Rahul Sheth May 12, 2022 News/Events/Seminars

On May 2, 2022, Gov. Brian Kemp signed HB 1409 into law. This bill amends O.C.G.A. §§ 34-9-261, 34-9-262, and 34-9-265 increasing compensation to injured employees or their dependents for all accidents occurring on or after July 1, 2022.

The maximum weekly TTD benefit rate will increase from $675.00 per week to $725.00 per week. The maximum weekly TPD benefit rate will increase from $450.00 per week to $483.00 per week. Finally, the total compensation a surviving spouse or sole dependent can receive following the death of an employee shall not exceed $290,000.00, an increase of $20,000.00 from the previous maximum.

The benefit rate maximums were last changed on July 1, 2019. If you have questions about which benefit rate applies to your case, please contact one of our workers' compensation attorneys.

Charles Medlin and Marilyn Kapaun Overturn a Guardian ad Litem Report in Favor of their Client

By May 5, 2022 News/Events/Seminars

While it is very difficult to overturn a Guardian ad Litem’s report in a custody case, Charles Medlin and Marilyn Kapaun did just that! Their client’s former spouse filed an action in an attempt to take custody away from their client. A Guardian was appointed who recommended that the opposing party first receive “more” custody and then receive “primary” custody of the parties’ children. Marilyn Kapaun argued that a material change in circumstances had not occurred, and thus a change of custody was not warranted. Charles Medlin argued the case in Forsyth County. Our BKBM attorneys prevailed, and Judge Dickinson stated that while the parties could agree on their own to a small change in parenting time, Judge Dickinson agreed with Marilyn and Charles’ arguments that no material change in circumstances had occurred since the parties’ divorce that warranted the opposing party receiving primary custody. A big win for BKBM Family Law and a significant and personal win for their very happy client!

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