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  • Sunbelt Plastic Extrusions, Inc. et al. v. Paguia

    Publication Date: 2021-09-14
    Practice Area: Administrative Law | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner, P.C.), Alpharetta, for Appellant.
    for defendant: Thomas Herman, (Westmoreland, Patterson, Moseley & Hinson, L.L.P), Macon; Alex Wallach, (George & Wallach, LLLP), Forest Park, for AM.
    Case Number: A21A0867

    Court affirms denial of a statute of limitations defense and a finding that an employee's injury was catastrophic in a workers' compensation case.

  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2021-09-13
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for Appellant.
    for defendant: James Merritt, (Vernis & Bowling of Atlanta, LLC), Atlanta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for Appellee.
    Case Number: A19A1104

    Court reverses partial summary judgment grant for an employer in a negligence action, noting that the respondeat superior rule has been abrogated by OCGA §51-12-33.

  • Blake v. Tribe Express, Inc. et al.

    Publication Date: 2021-09-09
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Minerva Steele, (Steele Law, LLC), Atlanta, for Appellant.
    for defendant: James Parks, (Attorney at Law), Dahlonega, Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, Michael Hostetter, (Nall & Miller, LLP), Atlanta, for Appellee.
    Case Number: A21A0672

    Court affirms summary judgment for employer in a dispute over whether an employee was within the scope of his employment when an accident occurred

  • Padco Contracting, Inc. v. Hernandez

    Publication Date: 2021-08-17
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta, for appellant.
    for defendant: Ruben Cruz, Bao Quynh Truong-Johnson, (Cruz & Associates PC), Atlanta, for appellee.
    Case Number: A21A0902

    Court reverses superior court ruling that had reversed a decision of the Board of Workers' Compensation , which decision was based on a preponderance of evidence

  • Metropolitan Atlanta Rapid Transit Authority v. Tyler

    Publication Date: 2021-08-13
    Practice Area: Evidence | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Laurie Daniel, Robert Highsmith, Matthew Friedlander, Jonathan Spital, (Holland & Knight LLP), Atlanta, for Appellant.
    for defendant: Melanie Eyre, (Drew Eckl & Farnham, LLP), Atlanta, Michael Goldberg, (Fried Rogers Goldberg LLC), Atlanta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Donald Singleton, (Singleton Law Firm LLC), Alpharetta, for Appellee.
    Case Number: A21A0626

    Court reverses jury verdict in a personal injury case because trial court issued an erroneous jury charge on spoliation of evidence

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  • Beasley et al. v. Georgia Department of Corrections

    Publication Date: 2021-08-05
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Tracey Pruiett, Joseph Dinardo, Stephen Reams, (Smith, Currie & Hancock LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Senior Assistant Attorney General), Atlanta, Kathleen Turnipseed, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A0593

    Assault-and-Battery Exception to GTCA's General Waiver of State's Immunity Bars 'Public Nuisance' Claims Against GDOC

  • Metropolitan Atlanta Rapid Transit Authority et al. v. Ingram

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Candis Jones, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: John Hyatt, (Hyatt & Hyatt, P.C.), Decatur; Matt Nasrallah, (Robertson, Bodoh & Nasrallah, LLP), Marietta, for other party,
    Case Number: A21A0541

    Court affirms denial of appellants' motion to dismiss or transfer venue where plaintiff in personal injury case filed suit in venue of one joint tortfeasor

  • Smith v. Sanders

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: James Neuberger, (Neuberger Law, LLC), Atlanta, for appellant.
    for defendant: Ellen Ash, Jessica Sanford, (Fain Major & Brennan PC), Atlanta, for Appellee
    Case Number: A21A0406

    Court vacates denial of motion for entry of default in a car accident case where plaintiff had not filed a notarized affidavit for service on nonresident defendant

  • Crebs et al. v. Bass Pro Outdoor World et al.

    Publication Date: 2021-07-28
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: H. Stafford, (Attorney at Law), Hinesville, for appellant.
    for defendant: Parks Stone, William Bingham, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.
    Case Number: A21A0299

    Court Affirms Summary Judgment in Personal Injury Case Against Bass Pro Outdoor World; Protruding Fence Was an Open and Obvious Condition

  • Pruitt v. Thigpen

    Publication Date: 2021-07-27
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jason Wyrick, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Atlanta, Joseph Cruser, Robert Noens, (Cruser, Mitchell, Novits, Sanchez, Gaston & Zimet, LLP), Norcross, for appellant.
    for defendant: David Bell, (Law Office of David B. Bell), Augusta, Sharon Enoch, (Bell & Bell Associates), Augusta, for appellee.
    Case Number: A21A0331

    Judgment Against Personal Injury Defendant Vacated and Remanded as Trial Court's Order Varied From Terms of Settlement Agreement