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The loss or damage need not be directly or immediately caused by the act which is done, or omitted to be done. The impact of the assured's driver's statement was in no way softened by the testimony of plaintiff's other witnesses. On May 31, , this court dismissed this case when plaintiff's counsel failed to appear for a status hearing. Then in October , Tilley met with plaintiff R. As I pulled out into the intersection the Mercury, which must have been directly behind the Black vehicle, struck the truck I was operating in the left front with the right front of the Mercury. In response to these claims, defendants move to dismiss Schubert's complaint. During the course of their alleged mistreatment of Schubert, defendants maintained more significant contacts with the state of Georgia than with any other forum.

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The weather was raining and the streets were wet. Tilley resides in Winston-Salem, North Carolina. While the policy was in effect, a truck owned by Sterchi Bros. Federal Reserve Bank, Tenn. In the present case, then, the plaintiff had the burden of proving that its assured had a meritorious defense to the suits filed against it by the Massengills.

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I know that, but I never did see the Mercury and therefore I could not say as to what speed it was traveling. For the reasons stated herein, this court grants defendant's motion to dismiss. It results that the judgment will be reversed in part, modified in part as indicated, and as modified, will be affirmed. The burden of proving that damages resulted from the negligence of an attorney, or from his failure to follow instructions, in connection with the prosecution or defense of a suit rests upon the client and usually requires the client to demonstrate that, but for the negligence complained of, the client would have been successful in the prosecution or defense of the action in question. Citations are also linked in the body of the Featured Case. At this time, the court grants plaintiff's motion to vacate the order dismissing the case for want of prosecution.

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