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  • ABM Aviation v. Prince

    Publication Date: 2023-03-06
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Yamisi James, Roger Harris, (Swift, Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Rachel Deloach-Bukle, (Monge & Associates), Atlanta, for appellee.
    Case Number: A22A1566

    Court affirms denial of summary judgment on a respondeat superior claim as to an employer's liability but reverses as to denial of judgment on direct negligence claims

  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2023-02-23
    Practice Area: Business Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Todd Henningsen, Michael Neff, (Attorney at Law), Atlanta, Darryl Adams, (Law Offices of Michael L. Neff), Atlanta, Susan Cremer, (Neff Law), Atlanta, Timothy Peagler, (Law Offices of Michael Lawson Neff, P.C.), Atlanta, Naveen Ramachandrappa, Michael Terry, Amanda Seals, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Lori Cohen, Sean Jessee, Andrew Smith, (Greenberg Traurig LLP), Atlanta, Jonathan Blavin, John Major, (Munger, Tolles & Olson, LLP), San Francisco, Anne Conley, (Munger, Tolles & Olson, LLP), Los Angeles, for appellee; Robert Johnson, (Johnson & Alday LLC), Marietta, Anne Gower, (Attorney at Law), Atlanta, for other party.
    Case Number: A20A1218

    Party Injured in Auto Collision Adequately Stated Claim Negligently Designed Software Was Proximate Cause

  • Smoot-Lee v. Corizon Health, Inc.

    Publication Date: 2023-02-23
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Claiborne, (The Claiborne Firm, P.C.), Savannah, for appellant.
    for defendant: Eric Frisch, (Carlock, Copeland & Stair), Atlanta, for appellee; R. Hart, (Hart & Associates Law Firm LLC), Savannah, Shena Burton, (Boost Mobile), Savannah, for other party.
    Case Number: A22A1210

    In-Prison Health Care Provider Lacked Control Over Inmate With Mental Health Issues, Precluding Liability For Injury

  • Empire South Realty Advisors, LLC et al. v. Younan

    Publication Date: 2023-02-17
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant.
    for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee.
    Case Number: A22A1256

    Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation

  • Simmons v. Bates et al.

    Publication Date: 2023-02-07
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Hardee, (Fain, Major, Wiley & Brennan), Atlanta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, John Nichols, (Gwinnett District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A22A1460

    Court affirms denial of a motion to enforce a settlement agreement in a car accident case because the settlement offer had not been accepted by all parties

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Royal v. State Farm Mutual Automobile Insurance Company

    Publication Date: 2023-01-09
    Practice Area: Insurance Law | Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Neville, (Callaway, Neville & Brinson), Claxton, for appellant.
    for defendant: Bryan Forsyth, Mark Maholick, (Hall Booth Smith, PC), Columbus, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellee; Michael Memberg, (Attorney at Law), Atlanta, John Stunda, (Hiccox Robertson & Stunda LLC), Alpharetta, Julayaun Waters, (Attorney at Law), Pooler, for other party.
    Case Number: A22A1186

    Court affirms summary judgment for an insurer, concluding that no uninsured motorist benefits were due to a driver that was not listed as an insured party in the policies

  • Metropolitan Atlanta Rapid Transit Authority v. Brown

    Publication Date: 2022-12-29
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Janki Patel, (Metropolitan Atlanta Rapid Transit Authority), Atlanta, for appellant.
    for defendant: Bret Moore, (Poole Huffman, LLC), Tucker, Jeffrey Jonap, (Jonap & Associates, P.C.), Atlanta, for appellee.
    Case Number: A22A1470

    Court reverses denial of Transit Authority's summary judgment motion in a negligence action filed by a passenger that fell when a train departed from a station

  • Ramos v. Owens

    Publication Date: 2022-12-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Harry Daniels, (Law offices of Harry M. Daniels, LLC), Atlanta, for appellant.
    for defendant: Mark Adelman, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1409

    Court affirms dismissal of inmate's negligence complaint against a county sheriff because of failure to establish waiver of sovereign immunity

  • Farid et al. v. Gaskell et al.

    Publication Date: 2022-12-01
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jacque Hawk, (The Hawk Firm), Augusta, for appellant.
    for defendant: Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, Daniel Kingsley, (Attorney at Law), Atlanta, Alexander McDonald, (Swift, Currie, McGhee and Hiers, LLP), Atlanta, for appellee.
    Case Number: A22A0899

    Court affirms summary judgment in favor of an uninsured motorist insurance carrier because injured party failed to exhaust remedies against other insurers

  • Giddens v. Metropower, Inc.

    Publication Date: 2022-12-01
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Laura Maki, (Attorney at Law), Atlanta, for appellant.
    for defendant: Thomas Sippel, Mark Edwards, (McAngus, Goudelock & Courie, LLC), Atlanta, for appellee.
    Case Number: A22A0923

    Court reverses summary judgment for a defendant where defendant did not conclusively show that injured plaintiff assumed risk of or contributed to his injuries