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  • The Mayor and Aldermen of Garden City v. Harris et al.

    Publication Date: 2018-02-23
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Patrick T. O'Connor, David William Bobo Mullens, III, James Philip Gerard (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Dorian Britt (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: S17G0692

    City was entitled to summary judgment in plaintiffs' suit to recover for injuries their daughter suffered at a City-owned and maintained football stadium because the Recreational Property Act provided immunity to City since the injured party was allowed to use City's property for recreational purposes free of charge.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.
    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.

  • In Re Estate Of Joe Leonard, Jr.

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Allred, R. Waycaster (Attorney at Law), Dalton, for appellant.
    for defendant: Steven Rodham, Ronald Womack (Womack, Gottlieb & Rodham, PC.), Lafayette, for appellee.
    Case Number: A15A1802

    A presentment of a claim against a county under O.C.G.A. § 36-11-1 may be submitted to the governing authority by way of the county attorney as a matter of law, regardless of whether the attorney is an inside or outside county attorney; accordingly, the trial court erred in granting summary judgment to county after finding that plaintiff failed to comply with the statutory requirements for presentment in his negligence action arising after he was injured while riding a county-operated bus.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.
    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

  • Goldstein, Garber & Salama, LLC v. J. B.

    Publication Date: 2018-01-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: H. Young, Matthew Barr (Hawkins Parnell Thackston & Young LLP), Atlanta; Jonathan Freiman, Tadhg Dooley (Wiggin and Dana LLP), New Haven, for appellant.
    for defendant: Jennifer Jordan, for appellee.
    Case Number: A15A1491

    The trial court erred in denying defendant dental clinic's motions for directed verdict on plaintiff patient's negligence per se and professional negligence claims arising after a certified registered nurse anesthetist molested her while she was sedated for a dental procedure.

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  • Steagald et al. v. Eason et al.

    Publication Date: 2017-12-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Marc Avidano (Smith, Welch, Webb & White, LLC), McDonough; Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge, for appellant.
    for defendant: Walter McClelland, James Scarbrough (Mabry & McClelland LLP), Atlanta, for appellee.
    Case Number: A15A0857

    Defendants were not entitled to summary judgment in a dog bite case because a jury question remained as to whether defendants had knowledge that the dog had a propensity to bite without provocation based on prior snapping incidents.

  • Kelly v. Fann

    Publication Date: 2017-11-16
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Michael Hill (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Christopher Rodd (Whitehurst Blackburn & Warren), Thomasville, for appellee. Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta; Elissa Haynes (Goodman McGuffey LLP), Atlanta, for other party.
    Case Number: A17A1328

    The trial court properly granted defendant's motion for summary judgment in plaintiff's personal injury suit alleging that defendant failed to keep a proper lookout for potential hazards when she hit a loose bull in the highway and then hit plaintiff's vehicle, because there was no evidence of how the collision with the bull occurred so there was no evidence of anything defendant could have done to avoid the collision.

  • Stewart v. Brown

    Publication Date: 2017-11-06
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Beauchamp (Robert M. Beauchamp, Attorney at Law, LLC), Albany, for appellant.
    for defendant: Leslie Kennerly, John Smith (Young, Thagard, Hoffman, Smith & Lawrence), Valdosta, for appellee.
    Case Number: A17A1142

    The trial court erred in granting summary judgment to defendant in plaintiff's slip and fall suit because genuine issues of material fact remained regarding defendant's knowledge of the hazard and plaintiff's lack of such knowledge.