Date: 09-11-2023

Case Style:

Victor Walker v. Northeastern Aviation Corporation, et al.

Case Number: 4:23-cv-00025

Judge: R. Stan Baker

Court: United States District Court for the Southern District of Georgia (Chatham County)

Plaintiff's Attorney: Frank Ilardi

Defendant's Attorney: Glenn Bass

Description: Savannah, Georgia personal injury lawyer represented the Plaintiff who sued the Defendants on negligence theories.

"In Georgia, negligence is defined as the failure to exercise the care that a reasonable person would exercise under the same circumstances.

To establish negligence, the plaintiff must prove four elements:

Duty of care: The defendant owed a duty of care to the plaintiff. This means that the defendant had a legal obligation to act reasonably and to avoid causing harm to the plaintiff.
Breach of duty: The defendant breached their duty of care. This means that the defendant failed to act reasonably and caused harm to the plaintiff.
Causation: The defendant's breach of duty caused the plaintiff's injury.
Damages: The plaintiff suffered damages as a result of the defendant's negligence.

The duty of care is based on the concept of foreseeability. If the defendant could reasonably foresee that their actions could cause harm to the plaintiff, then they owed a duty of care to the plaintiff.

The breach of duty is determined by comparing the defendant's actions to the actions of a reasonable person. If the defendant's actions fell below the standard of care of a reasonable person, then they breached their duty of care.

The causation element is established by proving that the defendant's breach of duty was the actual and proximate cause of the plaintiff's injury. This means that the defendant's actions must have been the direct cause of the plaintiff's injury, and that the injury would not have occurred but for the defendant's actions.

The damages element is the amount of money that the plaintiff is entitled to recover for their injuries. Damages can include medical expenses, lost wages, pain and suffering, and emotional distress.

If you have been injured by the negligence of another person, you may be able to file a personal injury lawsuit to recover damages. It is important to speak to an attorney to discuss your legal options.

In Georgia, there is a modified comparative negligence system. This means that the plaintiff's damages will be reduced by their percentage of fault. For example, if the plaintiff is found to be 20% at fault for their own injuries, their damages will be reduced by 20%.

The modified comparative negligence system is designed to ensure that plaintiffs are not completely barred from recovering damages simply because they were partially at fault for their own injuries.

The specific rules of negligence law in Georgia can be complex, and it is important to speak to an attorney to discuss your specific case."

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Outcome: 09/12/2023 25 ORDER Administratively Closing this Action. The parties have forty-five of the date this Order is entered, the parties if they wish may present a dismissal judgment, pursuant to Federal Rule of Civil Procedure 41(a)(2), incorporating the terms of their settlement, so the Court may retain jurisdiction to enforce the agreement. Signed by District Judge R. Stan Baker on September 12, 2023. (jrb) Modified on 9/12/2023 (csr). (Entered: 09/12/2023)
09/12/2023 Set/Reset Deadlines: Compliance due by 10/27/2023. (jrb) (Entered: 09/12/2023)

Plaintiff's Experts:

Defendant's Experts:

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