first element standard (Georgia) · Go Syfert
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first element standard in Georgia

6 Georgia opinions name it 2 courts 2002–2019 0 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 (4)

CaseFollowedCited
Rogers v. Norvellgreen
gactapp · 1985 · cited in 2 Georgia opinions naming this issue, 2019–2019
2 sentences

2019Contrary to Lalonde's assertions on appeal, the trial court specifically stated that it " does not hold that Defendants violated their standard of care." (Emphasis supplied.) Rather, the trial court found that breach of the standard of care and causation are separate inquiries, citing Rogers v. Norvell , 174 Ga.App. 453 , 457-458 (2), 330 S.E.2d 392 (1985). 2 The trial court essentially pretermitted any finding as to attorney malpractice, and instead determined that Lalonde "has not shown, and cannot uphold his burden to show, that [Taylor English and Trotter] were the proximate cause of his d

2019Contrary to Lalonde's assertions on appeal, the trial court specifically stated that it " does not hold that Defendants violated their standard of care." (Emphasis supplied.) Rather, the trial court found that breach of the standard of care and causation are separate inquiries, citing Rogers v. Norvell , 174 Ga.App. 453 , 457-458 (2), 330 S.E.2d 392 (1985). 2 The trial court essentially pretermitted any finding as to attorney malpractice, and instead determined that Lalonde "has not shown, and cannot uphold his burden to show, that [Taylor English and Trotter] were the proximate cause of his d

12
Mathis v. Stategreen
ga · 2012 · cited in 1 Georgia opinions naming this issue, 2014–2014
2 sentences

2014See Mathis v. State, 291 Ga. 268, 270-271 ( 728 SE2d 661 ) (2012); former OCGA § 24-3-1 (b) (“Hearsay evidence is admitted only in specified cases from necessity.”). 3 To invoke the necessity exception, the proponent of the hearsay was required to show (1) a necessity for the evidence, (2) a circumstantial guaranty of the statement’s trustworthiness, and (3) that the hearsay statement is “more probative and revealing than other available evidence.” Mathis, 291 Ga. at 270-271 (citation and punctuation omitted). 4 *87 Because Mr. Sharp died before the trial and was thus unavailable to testify, t

2014See Mathis v. State, 291 Ga. 268, 270-271 ( 728 SE2d 661 ) (2012); former OCGA § 24-3-1 (b) (“Hearsay evidence is admitted only in specified cases from necessity.”). 3 To invoke the necessity exception, the proponent of the hearsay was required to show (1) a necessity for the evidence, (2) a circumstantial guaranty of the statement’s trustworthiness, and (3) that the hearsay statement is “more probative and revealing than other available evidence.” Mathis, 291 Ga. at 270-271 (citation and punctuation omitted). 4 *87 Because Mr. Sharp died before the trial and was thus unavailable to testify, t

11
Atlanta Affordable Housing Fund Ltd. Partnership v. Browngreen
gactapp · 2002 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Thus, the child had no subjective knowledge of the danger from the approaching truck that hit her; therefore, the first element of the defense of assumption of the risk was not proved. 253 Ga. App. at 287-288 (1) (emphasis supplied).

2011Thus, the child had no subjective knowledge of the danger from the approaching truck that hit her; therefore, the first element of the defense of assumption of the risk was not proved. 253 Ga.App. at 287-288 (1), 558 S.E.2d 827 (emphasis supplied).

11
Vaughn v. Pleasentgreen
ga · 1996 · cited in 1 Georgia opinions naming this issue, 2002–2002
1 sentence

2002See Vaughn v. Pleasent, supra at 864.

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 (1)

CaseCitedYears
Cox v. City of Atlanta green
gactapp · 2004
1 sentence

2006Cox, 266 Ga. App. at 332-333 .

12006–2006

Where else courts name it

TX 56 (1990–2025) CA 25 (1956–2026) OH 21 (2002–2026) IL 20 (1987–2025) TN 19 (1998–2024) MI 16 (2015–2025) MO 14 (1983–2024) WI 14 (1980–2026) WA 14 (1970–2019) NC 13 (1990–2025) DE 11 (1987–2025) UT 11 (1986–2026) PA 11 (1990–2026) KS 10 (2019–2026) NJ 10 (1993–2026) NY 8 (1990–2025) CO 8 (1983–2026) IA 8 (1984–2024) SD 7 (1978–2026) CT 7 (1991–2025) MA 7 (1992–2020) FL 7 (1988–2026) MN 6 (1987–2018) IN 6 (1982–2005) RI 6 (1980–2021) GA 6 (2002–2019) NM 6 (2013–2022) ID 6 (1993–2020) WV 5 (1988–2017) NE 5 (1959–2025) MS 4 (1994–2002) MT 4 (1994–2025) AR 4 (2002–2020) DC 4 (1986–2025) KY 4 (2013–2024) ME 3 (2001–2019) SC 3 (2003–2018) WY 3 (2003–2016) AL 3 (1995–2009) HI 3 (1978–2016) LA 3 (2001–2015) MD 3 (2002–2017) ND 2 (1982–2025) OK 2 (1985–1993) AZ 2 (1976–2006) NV 2 (2014–2022)

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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