Trial and Civil Practice
Mr. Cork has been employed to represent clients or to associate or consult
with other lawyers in a broad range of civil practice matters. Such employment
occurs on a broad range of hourly, fixed or contingent fees.
Published Texts and Articles
- Reforming Jury Instructions,
The Verdict, Spring 2012,
Instructions on Trial, Calendar Call,
p. 12 (Spring 2008).
- Jury Instructions, Ch. 10 of GTLA Trial
Practice Manual, 2005-present.
- A Better Orientation For Jury Instructions, 54
Mercer L. Rev. 1 (2002), in Mercer's
Norfolk Southern Ry. v. Sorrell,
549 U.S. 158, 180 n.2 (2007) (Ginsburg, J., concurring);
Imperial Foods Supply, Inc. v. Purvis,
260 Ga. App. 614, 617 n.8 (2003);
State of Wisconsin v. Hubbard,
742 N.W.2d 893, par. 19 (Wis. App. 2007);
State of Maryland v. Smith,
374 Md. 527 n.16, 823 A.2d 664 (2003);
The "Plain English" Project of the Alabama Pattern Jury Instructions
Committee - Civil,
68 Ala. Lawyer 369 n.14 (2007).
- Jury Charges and Charge Conference, ICLE, 16th Annual General Practice and Trial Institute Seminar, March 17, 2017.
- Jury Instructions, GTLA Trial Practice Manual Seminar, September 14, 2016.
- Jury Charges and Charge Conference, ICLE, 14th Annual General Practice and Trial Institute Seminar, March 13, 2015.
- Jury Instructions, GTLA Trial Practice Manual Seminar, September 25, 2013.
- Jury Charges and Charge Conference, ICLE, 12th Annual General Practice
and Trial Institute Seminar, March 16, 2013.
- Procedural Pitfalls,
GTLA, 2013 Essential Torts Workshop, February 15, 2013.
- Jury Instructions, GTLA Trial Practice Manual Seminar,
September 25, 2012.
- Procedural Pitfalls,
GTLA, 2012 Essential Torts Workshop, February 17, 2012.
- Reforming Jury Instructions, GTLA Annual Convention, May 5, 2011.
- Jury Instructions, GTLA Trial Practice Manual Seminar, Atlanta,
February 11, 2005 and September 19, 2007.
- Update on Federal Jurisdiction,
“Survey of Federal Practice” Seminar, Federal Bar Assn., Middle
District of Georgia Chapter, Macon, October 3, 2003.
- Update on Federal Jurisdiction, “Survey of Federal Practice”
Seminar, Federal Bar Assn., Middle District of Georgia Chapter, Macon,
October 24, 2002.
- Seminar Paper, Venue Considerations
and Alternatives in Trucking Cases, GTLA Trucking Law Seminar,
Atlanta, November 30, 2001.
- Jurisdictional Battlegrounds: Staying In or Out of Federal Court,
“To Be or Not To Be in Federal Court Seminar, Federal Bar Assn., Middle
District of Georgia Chapter, Macon, October 5, 2001 (seminar chair).
Representative Appellate Cases
- Hyperdynamics Corp. v. Southridge Capital Management, Inc.,
305 Ga. App. 283 (2010)
(reversing dismissal of case against numerous nonresident defendants for lack of
jurisdiction on the basis of conspiracy among them, along with resident defendants,
to defraud Texas corporation).
- Thomas v. Gastroenterology Assocs. of Gainesville, P.C.,
280 Ga. 698 (2006)
(reversing the Court of Appeals and holding that a professional negligence affidavit
filed under OCGA Section 9-11-9.1 is valid even though it was notarized by a person
whose notarial commission expired weeks before the execution of the affidavit).
- Beck v. Dennis,
215 Ga. App. 728 (1994)
(reversing judgment below and holding that statute of repose in medical malpractice
case could be avoided by proof of fraud on doctor's part).
- Endsley v. Geotechnical & Envtl. Consultants, Inc.,
339 Ga. App. 663 (2016)
(holding that the trial court erred in denying plaintiff's motion to
preclude the intervening workers compensation carrier to participate
in the personal injury phase of the plaintiff's case because it violates
the collateral source rule to do so; unfortunately, the appellate court
found the error harmless, erroneously in my view).
- Life Care Ctrs. v. Smith,
298 Ga. App. 739 (2009)
(defeating attempt to compel arbitration of nursing home dispute by showing that
person with durable power of attorney for health care lacked the right to bind
the patient to arbitration).
- Pointer v. Roberts,
288 Ga. 150 (2010)
(reversing Court of Appeals and holding that a trial court need not grant
a continuance when a party adds an expert soon before trial, and then
announces that the expert cannot attend the scheduled trial).
- Crumpton v. Kelly,
185 Ga. App. 245 (1987)
(reversing judgment on jury verdict because trial court failed to excuse from jury
the attorney for county board of commissioners in medical malpractice case against
county hospital authority).
- Phillips v. Harmon,
297 Ga. 386 (2015)
(reversing the Court of Appeals on the issue of spoliation, holding that a defendant
need not receive actual notice from the plaintiff of a potential claim in order
to trigger its duty not to destroy pertinent evidence; reasonable foreseeability sufficed).
- Adams v. Laboratory Corporation of America,
760 F.3d 1322 (11th Cir. 2014)
(reversing Daubert ruling precluding highly qualified expert from testifying
about the defendant's negligent reading of Pap smears, which was premised on
guidelines promulgated by professional organizations that sought, in effect,
to alter standards for expert evidence by its own proclamation).
- Thomas v. Emory Clinic, Inc.,
321 Ga. App. 457 (2011)
(finding that a trial court committed error in admitting the testimony of
one doctor that other, non-testifying doctors reviewed the same slides and
saw nothing that the defendant doctor should have seen).
- Georgia Dept. of Transp. v. Miller,
300 Ga. App. 857 (2009)
(upholding department's liability for allowing drainage culvert to be clogged,
resulting in water hazard on highway during rain events, leading to a fatality;
rejecting claims for immunity in the exercise of discretionary functions; rejecting
Daubert challenges to the plaintiff's experts; etc.).
- Bell v. Austin,
278 Ga. 844 (2005)
(upholding validity of the medical narrative statute against constitutional
- Collins v. Davis,
186 Ga. App. 192 (1988)
(reversing judgment on jury verdict because of admission of evidence of
plaintiff's insurance coverage, and holding that plaintiff should have been
allowed to prove that defendant's medical expert had been paid a large
amount of money for a short examination of the plaintiff).
- Haynes v. Huff,
165 Ga. App. 192 (1983)
(reversing judgment on jury verdict because trial court improperly allowed investigating
officer to testify to hearsay remarks of others).
- Thompson v. Thompson,
278 Ga. 752 (2004)
(reversing the Court of Appeals and striking down a former pattern instruction that
the proximate cause was the dominant cause).
- Beach v. Lipham,
276 Ga. 302 (2003)
(restricting the use of the "presumption of skill" jury instruction in medical
- Dunn v. Five Star Dodge-Jeep-Eagle-Mazda, Inc.,
245 Ga. App. 378 (2000)
(reversing trial court's erroneous reduction of verdict in fraud case).
- Wesleyan College v. Weber,
238 Ga. App. 90 (1999)
(upholding large verdict in wrongful death claim based on failure to inspect and
remove dangerous trees near road, and reversing trial court's grant of new trial).