What Constitutes ‘Punitive Damages’? Under Georgia Law, Proving It Is No Simple Task
Earn a Date Night ... Two Movie Tickets and a Dinner Gift Card! We are conducting a Facebook client review drive. For each client that leaves us a review and “likes” us on Facebook, we will be mailing you two movie tickets and a gift card for dinner! Search for Christopher Simon, Attorney at Law on Facebook. We will check the site and list the winners in the November newsletter!
Sausage and Barley Soup
In most negligence cases, a plaintiff’s recovery is generally limited to the actual damages — the price of a totaled car, compensation for lost wages, etc. For some people, that’s more than enough. But in special cases, the plaintiff will see reason to go further. Sometimes, in the state of Georgia, the judge will agree. These are called punitive damages. The recovery of such damages is narrowly circumscribed under Georgia law, so the courts are typically wary of them. However, in special cases, they’ll still get through. Georgia law states that punitive damages may only be awarded in a tort action if “it is proven by 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.” They won’t be rewarded simply because it’s fair; they’ll be rewarded to set a precedent and make an example. That means neither regular nor gross negligence is enough. There has to be proven outrage or aggravation. It must have been a personal matter or a result of a pattern or policy on the part of the defendant. Those with viable negligence claims should inquire whether there is evidence sufficient to support an entitlement to punitive damages, and the assistance of experienced trial counsel is necessary to do that. At Simon Law Firm, we’ve handled many cases where punitive damages were discussed. We know what constitutes the right type of negligence and how to prove it. If you have any questions, feel free to contact us to schedule a complimentary case consultation.
INGREDIENTS • Cooking spray •
6 ounces turkey breakfast sausage 2 1/2 cups frozen bell pepper stir-fry 1 (14 1/2-ounce) can Italian-style stewed tomatoes, undrained and chopped 1/4 cup uncooked quick-cooking barley 1 cup coarsely chopped fresh baby spinach 2 cups water
•
• •
•
•
DIRECTIONS 1. Heat a large saucepan over medium-high heat. Coat pan with cooking spray. Add sausage; cook 3 minutes or until browned. Remove from heat. 2. While sausage cooks, place stir-fry and 2 cups water in a blender; process until smooth. 3. Add stir-fry puree, tomatoes, and barley to sausage in pan. Bring mixture to a boil over high heat; cover, reduce heat to low, and simmer 10 minutes. Stir in spinach; cook 1 minute or until spinach wilts.
Recipe courtesy of CookingLight.com.
Published by The Newsletter Pro • www.newsletterpro.com
www.christophersimon.com | 3
Made with FlippingBook - Online magazine maker