MMM’s Seslee Smith and Ryan Burke were recently quoted in an AJC article regarding the potential effects of the 2024 legislative session on Georgia businesses.
The article discusses the implications of the broadly supported Senate Bill 426, which would prohibit plaintiffs from suing the insurer of a motor carrier directly in cases concerning the operation of a commercial vehicle. Smith and Burke state that “insurers’ coverage won’t change under the bill, which will simply serve to keep insurers in the background.” Smith goes on to explain that the bill does not strip away any rights that an injured party or plaintiff would have and is simply “changing the structure of how the legal proceeding would go forward.” Burke describes Senate Bill 46 as “a compromise” that maintains direct legal actions in specific situations, such as when a trucking company is insolvent or bankrupt.
Additionally, the article discusses Senate Bill 186 and how its effect on personal injury cases against property owners is “likely the reason that it failed to progress to a vote during the session.” The bill largely absolves property owners of responsibility for injuries occurring on their premises due to third-party actions unless the landowner had direct knowledge of the specific danger and could have reasonably prevented it. MMM Partner Eric Larson was referenced with Joanna Shephard, Professor of Law at Emory University, explaining that lawmakers “may soften the bill to get it approved in the next session.” Shepherd believes that the bill “goes much too far,” and its current wording renders it “extremely difficult for a plaintiff to prevail.”
Read more here.
