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Questions Answered by Ken Shigley
1 Answer | Asked in Personal Injury, Civil Rights, Federal Crimes and Juvenile Law for Georgia on
Q: Can a highschool coach record a conversation of a 15 year old player w out their knowledge?

Exit interview for making the team or being cut, no parent was present, it was in a closed office in which he spoke harshly in an aggressive tone and made her cry. She wasn’t cut made the team but found out 4 months later he had recorded her... not sure if he recorded all players for their exit... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

OCGA § 16-11-62 (https://law.justia.com/codes/georgia/2010/title-16/chapter-11/article-3/part-1/16-11-62) provides:

It shall be unlawful for:

(1) Any person in a clandestine manner intentionally to overhear, transmit, or record or attempt to overhear, transmit, or record the...
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1 Answer | Asked in Consumer Law, Employment Law and Products Liability for Georgia on
Q: I was denied a job for taking CBD for my lupus. It was not labeled as having any THC. It did, and I failed my drug test.

Can I do anything about the employer or seller?

Ken Shigley
Ken Shigley answered on Sep 26, 2019

There are not enough facts here.

Re: the seller or manufacturer, determine whether they included warnings about the product potentially causing one to fail a drug test designed to detect marijuana, etc. If so, it's probably on you.

Re: the employer, this is a developing area of...
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1 Answer | Asked in Personal Injury for New York on
Q: Statute of limitations on getting hit by drunk driver.

I was hit by a drunk driver 2/2017. I have been having neck issues. Is it too late to sue ? Accident happened in NJ, I live in NY

Ken Shigley
Ken Shigley answered on Sep 26, 2019

In general, in a personal injury suit in New York, the statute of limitation is three years. N.Y. C.P.L.R. § 214(5)

1 Answer | Asked in Civil Litigation for Delaware on
Q: Can the defense attorney speak with the plaintiff witnesses on the phone in lieu of a deposition, Is this admissible?

This is a slip and fall lawsuit where the defense attorney is having a difficult time reaching plaintiff witnesses for deposition. So instead, he stated that he would speak to them on the phone.

Ken Shigley
Ken Shigley answered on Sep 26, 2019

He may interview the witnesses to see what they have to say. With their permission he may record the calls. Some states allow recording without permission but jurors tend to think that is unfair and sneaky. If the witnesses testify at trial, and say something contradictory to what is in a recorded... Read more »

1 Answer | Asked in Workers' Compensation for Georgia on
Q: Can I have an Attorney draw up a release form in lieu of getting workers comp insurance for my business?

I own a small owner operated carpet cleaning service in Kingston Ga. I do a great deal of work for property management companies. A few of the companies are asking for a workers comp policy from me. Since I am the only employee and the workers comp will not cover me, can I have an attorney draw up... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

You could try that. I would if it mattered. Whether those companies -- and more likely their insurance companies and risk managers who are driving this request -- would accept that is another matter. It may be not so much a question of law as a question of their risk management practices.... Read more »

2 Answers | Asked in Personal Injury for Georgia on
Q: can the hospital put a lien again your settlement without notify you of a lien?

the insurance sent a copy over to me in an email I never received a copy form the hospital billing company can that make the lien null and void.

Ken Shigley
Ken Shigley answered on Sep 26, 2019

The answer in your individual case may depend on details of facts that I do not have. However, there is a Georgia case holding that a hospital's lack of strict compliance with hospital lien perfection statute by filing its verified statement three days late may not render the lien... Read more »

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1 Answer | Asked in Personal Injury and Traffic Tickets for Georgia on
Q: Am I going to be found guilty when I go to court?

The police gave me citation number: M933789 o.c.g.a $ 40-6-43 with a trailer. He insisted that I was trying to beat the trailer from making his right turn. What happen was that i was behind the trailer on the left lane and i thought I saw his emergency lights on so I switched to the right lane to... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

It sounds like the officer didn't want to decide and just gave both drivers tickets in order to let the traffic court judge sort it out. It may be that a judge hearing your story, presented calmly and in detail, perhaps with supporting photographs, would dismiss your ticket or find your not... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Constitutional Law for Georgia on
Q: I was drugged and raped in foster home. I was ignored by child protection services what are my legal rights to justice

I reported the abuse to Cherokee County Georgia's child protection services caseworker. Who ignored it. I ran away short time later in fear for my safety because the caseworker told the foster parent I told her about the abuse,which got worse because of that. I was punished and thrown in... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Foster parents are considered state employees for purposes of the Georgia State Tort Claims Act. OCGA § 50–21–22(7). However, OCGA § 50-21-24, provides that, "The state shall have no liability for losses resulting from: ... (7) Assault, battery, false imprisonment, false arrest,... Read more »

1 Answer | Asked in Personal Injury for Georgia on
Q: Does Rockdale county ga. have immunity for property damages? Is immunity waved by purchase of liability insurance?

My 1999 F250 is totaled and our deck and stairs need repair. We paid t have tree removed from house and truck.A tree on rockdale county right of way fell when the wind got up pretty bad on june 23 2019. I have been denied due to no proof sent in with my claim from bymarcus williams, rick... Read more »

Ken Shigley
Ken Shigley answered on Sep 26, 2019

Generally in Georgia, the owner of a tree is liable for injuries from a falling tree only if he knew or reasonably should have known the tree was diseased, decayed or otherwise constituted a dangerous condition. A landowner who knows that a tree on his property is decayed and may fall and cause... Read more »

3 Answers | Asked in Personal Injury for Georgia on
Q: Was doing tree work for a man fell messed up 2 vertebrae in my back he said he is not liable is he or not?

It was mutual agreement between him and i on me doing the job

Ken Shigley
Ken Shigley answered on Sep 26, 2019

There is not enough information here to really answer your question.

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2 Answers | Asked in Personal Injury for Georgia on
Q: how to get a hospital lien nullified
Ken Shigley
Ken Shigley answered on Sep 26, 2019

First, you need to examine whether the hospital lien is enforceable.

OCGA § 44-14-471. Procedure to perfect; filing of statement by operator of hospital; effect as notice

Currentness

(a) In order to perfect the lien provided for in Code Section 44-14-470, the operator of...
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