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  • Barnett et al. v. Caldwell

    Publication Date: 2018-02-27
    Practice Area: Government | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sidney Leighton Moore, III (The Moore Law Firm, P.C.), Atlanta; Shean DeCarlos Williams (The Cochran Firm Atlanta), Atlanta, for appellant.
    for defendant: Cheryl Lynn Haas, Halima Horton, Kurt Eric Lentz, (McGuire Woods LLP), Atlanta; Matthew Allen Fitzgerald (McGuire Woods LLP), Richmond; Phillip L. Hartley (Harben, Hartley & Hawkins, LLP), Gainesville, for appellee.
    Case Number: S17G0641

    A teacher was entitled to official immunity in a wrongful death suit brought by parents of a child who died in the teacher's classroom while the teacher was out of the room, because the complained-of actions were discretionary and plaintiffs did not present evidence of actual malice or intent to injure.

  • Curles et al. v. Psychiatric Solutions, Inc. et al.

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Nathan Williams (The Williams Litigation Group, P.C.), Brunswick; Darren Penn (Penn Law LLC), Atlanta; Timothy Rigsbee, Michael Terry (Bondurant, Mixson & Elmore), Atlanta, for appellant.
    for defendant: Patrick O'Connor, Christopher Ray, Irving Drought (Oliver Maner LLP), Savannah; Andrew Efaw, Thomas Olsen, Stephen Oertle (Wheeler Trigg O'Donnell LLP), Denver, for appellee. Kristin Hiscutt (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A17A1298

    The trial court erred in dismissing plaintiffs' third amended complaint alleging ordinary and medical negligence against the owners, operators, and employees of a psychiatric treatment facility that treated and released a patient who later killed her grandmother and her aunt's boyfriend.

  • Norton et al. v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Dispute Resolution | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Tyler Arnold (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A15A2268

    An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.

  • Smith v. Found et al.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Agriculture
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta; William Purvis (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellant.
    for defendant: James King (Hudson King), Tifton; Joseph Hudson (Sims, Fleming, Hudson & Crosby), Tifton, for appellee.
    Case Number: A17A1312

    Defendant was entitled to summary judgment in plaintiff's negligence action arising after her husband, a farm employee, died when he was pinned under a tractor tire while trying to remove it by himself, because the employee assumed the risk of injury as a matter of law and had equal or greater knowledge of the hazardous condition.

  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.