‍Punitive Damages Cap in fluxSince the enactment of O.C.G.A. §51-12-5.1(g) in the Georgia Tort Reform Act of 1987 punitive damages have been capped at $250,000, except under specific circumstances (a showing that the defendant acted with the specific intent to cause harm), for most tort cases not involving issues of product liability. After twelve years of aggressive challenges by the plaintiff’s bar this fall the Georgia Supreme Court heard oral arguments challenging the constitutionality of O.C.G.A. § 51-12-5.1(g).In Taylor, exr v. The Devereux Foundation, Inc. the Plaintiff, a deceased fifteen-year-old girl represented by an executor, argued that the statutory cap on punitive damages as applied to premises liability claims violates the Georgia constitution. The case arises out of a sexual assault by an employee at a youth home for sexually abused girls. At trial the minor Plaintiff who was the victim of the sexual assault, was awarded $10 million in non-economic damages and $50 million in punitive damages. After a hearing on attorney’s fees the trial cour

These first three trials were among five initial lawsuits against Smithfield Foods designated to go to trial, giving both sides an opportunity to assess the strengths and weaknesses of their cases.Similar to North Carolina’s standard for punitive damages, Georgia requires clear and convincing evidence that the defendant’s actions showed “willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences” before punitive damages will be awarded. O.C.G.A. § 51-12-5.1(b); compare N.C. Gen. Stat. § 1D-15 (punitive damages may be awarded if the Defendant is liable for compensatory damages and the claimant proves by clear and convincing evidence that fraud, malice, or willful or wanton conduct was present and related to the injury for which the compensatory damages were recovered). Unlike North Carolina, which caps punitive damages per plaintiff, in Georgia, the amount of punitive damages that may be awarded in any one case, regardless of the number of plaintiffs, is limited to a maximum of $250,000.00.

There are specific circumstances that these types of damages are awarded, such as a drunk driving accident case.Punitive damages are meant to deter the person who is at-fault from future similar conduct, in other words, they are mean as a punishment. When a personal injury accident occurs because someone's willful misconduct, like driving a vehicle while intoxicated, a judge may want to set an example by awarding the victim punitive damages.Georgia Code § 51-12-5.1(g) limits punitive damage awards in tort actions to a maximum of $250,000.Hire a Personal Injury Accident AttorneyIf you were involved in a Personal Injury Accident in Georgia, do not hesitate to contact legal help.Insurance companies try their hardest to get you to agree to a low settlement, and that is if they do not find a way to deny your claim altogether.Your best chance at obtaining the compensation that you are owed is to hire an experienced Personal Injury Attorney to represent you.

COM (Reg. No. 3,933,108) and COLUMBUS LAWYER FINDER.COM (Reg. No. 3,699,866) be cancelled. The complaint further asserts unfair competition and false designation of origin under 15 U.S.C. § 1125, unfair competition under O.C.G.A. § 23-2-55 and Georgia common law, Georgia trademark infringement under O.C.G.A. § 51-12-5.1 and Georgia common law, and Unfair and Deceptive Trade Practices under O.C.G.A. § 10-1-370 et seq. (specifically O.C.G.A. §§ 10-1-372(a) and 10-1-373(b)(2).In addition to cancellation of the registrations, the Williams seek an injunction, lost profits, pre- and post-judgment interest, punitive damages, and attorney fees.The case is Williams v. Columbus Bar Ass’n, No. 1:12-cv-4382, filed 12/19/12 in the U.S. District Court for the Northern District of Georgia, Atlanta Division, and has been assigned to U.S. District Judge Richard W. Story.[1] Quote from the site:“Browse through over 150 billion web pages archived from 1996 to a few months ago.