adequacy warning (Georgia) · Go Syfert
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adequacy warning in Georgia

10 Georgia opinions name it 1 courts 1982–2025 2 in the last five years

The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (12)

CaseFollowedCited
London v. Wal-Mart Stores, Inc.green
ca11 · 2003 · cited in 2 Georgia opinions naming this issue, 2017–2017
2 sentences

2017(Citation omitted.) London v. Wal-Mart Stores, Inc., 340 F3d 1246, 1253 (IV) (C) (11th Cir. 2003).

2017(Citation omitted.) London v. Wal-Mart Stores, Inc., 340 F3d 1246, 1253 (IV) (C) (11th Cir. 2003).

22
Liberty Lending Services v. Canadagreen
gactapp · 2008 · cited in 1 Georgia opinions naming this issue, 2025–2025
1 sentence

2025See generally Canada, 293 Ga. App. at 739 (1) (c).

11
Lewis v. Knology, Inc.green
gactapp · 2017 · cited in 1 Georgia opinions naming this issue, 2022–2022
2 sentences

2022OCGA § 9-11-23 (a) (4) mandates that “[t]he representative parties will fairly and adequately protect the interests of the class.” “Subsection (a) (4) is colloquially referred to as the adequacy requirement” and “is intended to protect the legal rights of absent class members.” Lewis v. Knology, Inc., 341 Ga. App. 86, 90 (1) ( 799 SE2d 247 ) (2017).

2022OCGA § 9-11-23 (a) (4) mandates that “[t]he representative parties will fairly and adequately protect the interests of the class.” “Subsection (a) (4) is colloquially referred to as the adequacy requirement” and “is intended to protect the legal rights of absent class members.” Lewis v. Knology, Inc., 341 Ga. App. 86, 90 (1) ( 799 SE2d 247 ) (2017).

11
KEY SAFETY SYSTEMS, INC. v. BRUNER Et Al.green
gactapp · 2015 · cited in 1 Georgia opinions naming this issue, 2019–2019
2 sentences

2019See Key Safety Systems , 334 Ga. App. at 720 (1), 780 S.E.2d 389 ("Questions of adequacy of a warning and proximate cause resulting from a complete lack of warning or an inadequate warning are peculiarly questions for the jury.") (citation and punctuation omitted).

2019See Key Safety Systems , 334 Ga. App. at 720 (1), 780 S.E.2d 389 ("Questions of adequacy of a warning and proximate cause resulting from a complete lack of warning or an inadequate warning are peculiarly questions for the jury.") (citation and punctuation omitted).

11
Stevens v. Thomasgreen
ga · 1987 · cited in 1 Georgia opinions naming this issue, 2017–2017
2 sentences

2017Moreover, as made clear by our Supreme Court, “the ability of the plaintiff to represent the class must be considered,” and in making that determination, the experience of plaintiff’s counsel and “whether plaintiffs’ interests are antagonistic to those of the class” are “important aspects of adequate representation.” Stevens v. Thomas, 257 Ga. 645, 649 (2) ( 361 SE2d 800 ) (1987).

2017Moreover, as made clear by our Supreme Court, “the ability of the plaintiff to represent the class must be considered,” and in making that determination, the experience of plaintiff’s counsel and “whether plaintiffs’ interests are antagonistic to those of the class” are “important aspects of adequate representation.” Stevens v. Thomas, 257 Ga. 645, 649 (2) ( 361 SE2d 800 ) (1987).

11
prod.liab.rep.(cch)p. 13,906 Lauren David Thornton v. E.I. Du Pont De Nemours and Company, Inc.green
ca11 · 1994 · cited in 1 Georgia opinions naming this issue, 2015–2015
1 sentence

2015Du Pont De Nemours & Co., 22 F3d 284, 289 (III) (b) (1994) (“The general rule in Georgia is that the adequacy of the warning is an issue for the jury.

11
Beam v. Omark Industries, Inc.green
gactapp · 1977 · cited in 1 Georgia opinions naming this issue, 2015–2015
2 sentences

2015Whether adequate efforts were made to communicate a warning to the ultimate user and whether the warning if communicated was adequate are uniformly held questions for the jury.”); Beam v. Omark Industries, Inc., 143 Ga. App. 142, 145 (1) ( 237 SE2d 607 ) (1977). 10 See Giordano v. Ford Motor Co., 165 Ga. App. 644, 644-645 (1) ( 299 SE2d 897 ) (1983). 11 (Punctuation omitted.) J.

2015Whether adequate efforts were made to communicate a warning to the ultimate user and whether the warning if communicated was adequate are uniformly held questions for the jury.”); Beam v. Omark Industries, Inc., 143 Ga. App. 142, 145 (1) ( 237 SE2d 607 ) (1977). 10 See Giordano v. Ford Motor Co., 165 Ga. App. 644, 644-645 (1) ( 299 SE2d 897 ) (1983). 11 (Punctuation omitted.) J.

11
Giordano v. Ford Motor Companygreen
gactapp · 1983 · cited in 1 Georgia opinions naming this issue, 2015–2015
1 sentence

2015Whether adequate efforts were made to communicate a warning to the ultimate user and whether the warning if communicated was adequate are uniformly held questions for the jury.”); Beam v. Omark Industries, Inc., 143 Ga. App. 142, 145 (1) ( 237 SE2d 607 ) (1977). 10 See Giordano v. Ford Motor Co., 165 Ga. App. 644, 644-645 (1) ( 299 SE2d 897 ) (1983). 11 (Punctuation omitted.) J.

11
McCombs v. Synthesgreen
ga · 2003 · cited in 1 Georgia opinions naming this issue, 2004–2004
1 sentence

2004As directed therein, we consider McCombs’s argument made here that there remained a jury question as to the adequacy of the warning given to her surgeon by Synthes (U.S.A.), although, as acknowledged in McCombs v. Synthes (U.S.A.), 277 Ga. at 254, “[i]n response to the summary judgment motion, McCombs did not contend that the warning to her doctor inadequately conveyed the dangers associated with the use of the plate.” The warning included in the package insert with the Synthes plate is set out in McCombs v. Synthes (U.S.A.), 250 Ga. App. at 544 , including the phrase “[tjhese devices can brea

11
Mayor &C. of Savannah v. Palmeriogreen
ga · 1978 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992“A motion for directed verdict is properly granted if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict.” Mayor &c. of Savannah v. Palmerio, 242 Ga. 419, 421 ( 249 SE2d 224 ) (1978).

1992“A motion for directed verdict is properly granted if there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict.” Mayor &c. of Savannah v. Palmerio, 242 Ga. 419, 421 ( 249 SE2d 224 ) (1978).

11
Center Chemical Co. v. Parzinigreen
ga · 1975 · cited in 1 Georgia opinions naming this issue, 1987–1987
2 sentences

1987See also Center Chemical Co. v. Parzini, 234 Ga. 868, 871 (6) ( 218 SE2d 580 ) (1975); Evershine Prods. v. Schmitt, supra. Accordingly, the trial court did not err in failing to grant summary judgment in favor of appellant as to the adequacy of its warning. 4.

1987See also Center Chemical Co. v. Parzini, 234 Ga. 868, 871 (6) ( 218 SE2d 580 ) (1975); Evershine Prods. v. Schmitt, supra. Accordingly, the trial court did not err in failing to grant summary judgment in favor of appellant as to the adequacy of its warning. 4.

11
Ford Motor Co. v. Leegreen
gactapp · 1976 · cited in 1 Georgia opinions naming this issue, 1982–1982
2 sentences

1982See Ford Motor Co. v. Lee, 137 Ga. App. 486, 487 (2), supra; Parzini v. Center Chemical Co., 136 Ga. App. 396, 399 , supra. The evidence discloses that the plaintiff had been treated on numerous occasions with the “permanent creme relaxer” by the same defendant hairdresser and defendant beauty salon in the same manner as was the case here without difficulty.

1982See Ford Motor Co. v. Lee, 137 Ga. App. 486, 487 (2), supra; Parzini v. Center Chemical Co., *762 136 Ga. App. 396, 399 , supra. The evidence discloses that the plaintiff had been treated on numerous occasions with the "permanent creme relaxer" by the same defendant hairdresser and defendant beauty salon in the same manner as was the case here without difficulty.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Amchem Products, Inc. v. Windsor green
scotus · 1997
2 sentences

2017Subsection (a) (4) is colloquially referred to as the adequacy requirement, and it applies to both the named plaintiff and counsel. 6 See Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 626 n.20 ( 117 SCt 2231 , 138 LE2d 689) (1997).

2017Subsection (a) (4) is colloquially referred to as the adequacy requirement, and it applies to both the named plaintiff and counsel. 6 See Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 626 n.20 ( 117 SCt 2231 , 138 LE2d 689) (1997).

12017–2017
McCombs v. Synthes (USA) green
gactapp · 2001
1 sentence

2004As directed therein, we consider McCombs’s argument made here that there remained a jury question as to the adequacy of the warning given to her surgeon by Synthes (U.S.A.), although, as acknowledged in McCombs v. Synthes (U.S.A.), 277 Ga. at 254, “[i]n response to the summary judgment motion, McCombs did not contend that the warning to her doctor inadequately conveyed the dangers associated with the use of the plate.” The warning included in the package insert with the Synthes plate is set out in McCombs v. Synthes (U.S.A.), 250 Ga. App. at 544 , including the phrase “[tjhese devices can brea

12004–2004
Spivey v. Vaughn green
gactapp · 1987
2 sentences

1987Appellant urges that it was entitled to the grant of summary judgment because appellee Mr. Brackett assumed the risk as a matter of law. “[T]he question presented to this court is whether the record presents facts so plain and palpable that they demand a finding by the court as a matter of law that the [injured party] ‘had some actual knowledge of the danger; that he understood and appreciated the risk therefrom, and that he voluntarily exposed himself to such risk.’ [Cit.] ‘It is axiomatic that issues of negligence [and] assumption of risk . . . are not susceptible of summary adjudication exc

1987Appellant urges that it was entitled to the grant of summary judgment because appellee Mr. Brackett assumed the risk as a matter of law. “[T]he question presented to this court is whether the record presents facts so plain and palpable that they demand a finding by the court as a matter of law that the [injured party] ‘had some actual knowledge of the danger; that he understood and appreciated the risk therefrom, and that he voluntarily exposed himself to such risk.’ [Cit.] ‘It is axiomatic that issues of negligence [and] assumption of risk . . . are not susceptible of summary adjudication exc

11987–1987
Evershine Products, Inc. v. Schmitt green
gactapp · 1973
1 sentence

1987See also Center Chemical Co. v. Parzini, 234 Ga. 868, 871 (6) ( 218 SE2d 580 ) (1975); Evershine Prods. v. Schmitt, supra. Accordingly, the trial court did not err in failing to grant summary judgment in favor of appellant as to the adequacy of its warning. 4.

11987–1987
Parzini v. Center Chemical Co. green
gactapp · 1975
2 sentences

1982See Ford Motor Co. v. Lee, 137 Ga. App. 486, 487 (2), supra; Parzini v. Center Chemical Co., 136 Ga. App. 396, 399 , supra. The evidence discloses that the plaintiff had been treated on numerous occasions with the “permanent creme relaxer” by the same defendant hairdresser and defendant beauty salon in the same manner as was the case here without difficulty.

1982See Ford Motor Co. v. Lee, 137 Ga. App. 486, 487 (2), supra; Parzini v. Center Chemical Co., *762 136 Ga. App. 396, 399 , supra. The evidence discloses that the plaintiff had been treated on numerous occasions with the "permanent creme relaxer" by the same defendant hairdresser and defendant beauty salon in the same manner as was the case here without difficulty.

11982–1982

Statutes the citing opinions construe

GA § 9-11-23 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 172 (1935–2026) NY 130 (1953–2026) CA 78 (1954–2026) IL 57 (1970–2026) WA 48 (1968–2026) PA 46 (1971–2023) IN 43 (1979–2024) FL 43 (1972–2026) NJ 31 (1955–2025) LA 31 (1954–2024) MI 27 (1963–2022) MA 25 (1974–2025) OH 24 (1974–2026) MN 22 (1984–2024) OR 21 (1943–2024) NV 21 (1983–2022) MS 20 (1969–2017) CO 16 (1976–2021) WI 15 (1972–2026) MO 15 (1958–2019) CT 14 (1950–2016) AZ 14 (1947–2024) AL 13 (1983–2013) KS 13 (1984–2026) NM 13 (1975–2015) AR 12 (1992–2022) TN 11 (1985–2022) DC 11 (1968–2025) UT 11 (1989–2024) GA 10 (1982–2025) IA 10 (1986–2014) DE 9 (1985–2023) KY 9 (1968–2024) RI 9 (2000–2026) MD 8 (1968–2012) OK 7 (1975–2010) ID 6 (1979–2013) AK 6 (1973–2018) VA 5 (1985–2026) VT 5 (1990–2026) ND 5 (1909–1997) NC 4 (1975–2012) WY 4 (1992–2019) WV 4 (1979–2018) SC 4 (1973–2008) ME 3 (1981–2013) HI 3 (1999–2007) MT 3 (2000–2010) VI 2 (2002–2005)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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