fact-intensive inquiry in Georgia

2022Under either theory of recovery, the factfinder performs a “risk-utility analysis,” assessing “the reasonableness of choosing from among various alternative product designs” by asking whether “the risk of harm outweighs the utility of a particular design” to determine whether “the product is not as safe as it should be.” Id. at 734-736 & n.3 (1) (punctuation omitted).4 Because “negligence principles” underlying the risk- 4 Although this Court has said that the risk-utility test requires a fact- intensive inquiry for which “no finite set of factors can be considered comprehensive or applicable

2022Under either theory of recovery, the factfinder performs a “risk-utility analysis,” assessing “the reasonableness of choosing from among various alternative product designs” by asking whether “the risk of harm outweighs the utility of a particular design” to determine whether “the product is not as safe as it should be.” Id. at 734-736 & n.3 (1) (punctuation omitted).4 Because “negligence principles” underlying the risk- 4 Although this Court has said that the risk-utility test requires a fact- intensive inquiry for which “no finite set of factors can be considered comprehensive or applicable

2026Moreover, determining whether an individual or entity was acting for or on behalf of an agency generally “requires a fact-intensive inquiry.” Smith v. Northside Hosp., 302 Ga. 517, 531 (3) ( 807 SE2d 909 ) (2017).

2026Moreover, determining whether an individual or entity was acting for or on behalf of an agency generally “requires a fact-intensive inquiry.” Smith v. Northside Hosp., 302 Ga. 517, 531 (3) ( 807 SE2d 909 ) (2017).

2026See Dooley v. Davidson, 260 Ga. 577, 578 (2)(b) ( 397 SE2d 922 ) (1990) (before deciding whether records were subject to disclosure under the ORA, each of the requested documents had to be reviewed to determine if it was prepared, maintained, or received as part of the operation of the agency).

2026See Dooley v. Davidson, 260 Ga. 577, 578 (2)(b) ( 397 SE2d 922 ) (1990) (before deciding whether records were subject to disclosure under the ORA, each of the requested documents had to be reviewed to determine if it was prepared, maintained, or received as part of the operation of the agency).

2022The case upon which Green relies, Cham, supra, held there was a genuine issue of material fact as to the deceased party’s status when there was evidence he was invited to stay on the property by the defendant- landlord’s tenant but there was a dispute as to whether the defendant-landlord gave the tenant permission for the deceased party to stay on the property. 311 Ga. at __ (1) ( 856 SE2d at 269-72 (1)).

2022The case upon which Green relies, Cham, supra, held there was a genuine issue of material fact as to the deceased party’s status when there was evidence he was invited to stay on the property by the defendant- landlord’s tenant but there was a dispute as to whether the defendant-landlord gave the tenant permission for the deceased party to stay on the property. 311 Ga. at __ (1) ( 856 SE2d at 269-72 (1)).

2022See Brandvain v. Ridgeview Institute, 188 Ga. App. 106, 116-119 (3) (c) ( 372 SE2d 265 ) (1988).

2022See Brandvain v. Ridgeview Institute, 188 Ga. App. 106, 116-119 (3) (c) ( 372 SE2d 265 ) (1988).

2022Co., 237 Ga. 235, 238 (III) ( 227 SE2d 336 ) (1976) (“Negligence consists of exposing another to whom one owes a duty . . . to a foreseeable unreasonable probability of harm.” (emphasis supplied)). 10 recovery, the factfinder performs a “risk-utility analysis,” assessing “the reasonableness of choosing from among various alternative product designs” by asking whether “the risk of harm outweighs the utility of a particular design” to determine whether “the product is not as safe as it should be.” Id. at 734-736 (1) & n.3 (punctuation omitted).4 Because “negligence principles” underlying the ris

2022Co., 237 Ga. 235, 238 (III) ( 227 SE2d 336 ) (1976) (“Negligence consists of exposing another to whom one owes a duty . . . to a foreseeable unreasonable probability of harm.” (emphasis supplied)). 10 recovery, the factfinder performs a “risk-utility analysis,” assessing “the reasonableness of choosing from among various alternative product designs” by asking whether “the risk of harm outweighs the utility of a particular design” to determine whether “the product is not as safe as it should be.” Id. at 734-736 (1) & n.3 (punctuation omitted).4 Because “negligence principles” underlying the ris

2021See Champ v. State, ___ Ga. ___, (2) (c) ( 854 SE2d 706 ) (2021).

2016Compare Froehlich v. Froehlich, 297 Ga. 551 (4) ( 775 SE2d 534 ) (2015) (trial court properly imposed accounting and transfer requirements on contemnor who had violated his obligation under a divorce decree to “make available” to his ex-wife one-half of his accumulated hotel loyalty program points); Ziyad v. El-Amin, 293 Ga. 871 ( 750 SE2d 337 ) (2013) (trial court properly ordered contemnor to pay down principal on property pending its sale, where contemnor had previously ignored his obligation to list the property for sale and the property would not be salable without such payments); Smith v

2016Compare Froehlich v. Froehlich, 297 Ga. 551 (4) ( 775 SE2d 534 ) (2015) (trial court properly imposed accounting and transfer requirements on contemnor who had violated his obligation under a divorce decree to “make available” to his ex-wife one-half of his accumulated hotel loyalty program points); Ziyad v. El-Amin, 293 Ga. 871 ( 750 SE2d 337 ) (2013) (trial court properly ordered contemnor to pay down principal on property pending its sale, where contemnor had previously ignored his obligation to list the property for sale and the property would not be salable without such payments); Smith v

2005Rajappa v. State, 200 Ga. App. 372, 374 (3) ( 408 SE2d 163 ) (1991).

2005Rajappa v. State, 200 Ga. App. 372, 374 (3) ( 408 SE2d 163 ) (1991).