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  • Hicks et al. v. Universal Health Services, Inc. et al.

    Publication Date: 2022-07-13
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Gebhardt, (Smith, Welch, Webb & White, LLC), Stockbridge, Darren Penn, Alexandra Cole, Kevin Ketner, (Penn Law LLC), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Marcella Ducca, Lori Cohen, Michael King, Gerond Lawrence, Precious Johnson, Brandon Cox, (Greenberg Traurig LLP), Atlanta, Margaret McClatchey, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Michael Hostetter, Molly McCall, Jacob Madsen, (Nall & Miller, LLP), Atlanta, Alison Currie, Mikell Reynolds, Christina Essex, (FisherBroyles, LLP), Atlanta, Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, , for appellee.
    Case Number: A22A0204

    Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction

  • Fairview Park, Limited Partnership et al. v. Roddenberry

    Publication Date: 2022-07-05
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Health Care | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Huestis, (Blasingame Burch Garrard & Ashley), Athens, for appellant.
    for defendant: John Dozier, (Dozier Law Firm, LLC), Macon, for appellee.
    Case Number: A22A0821

    Trial Court Erred in Conflating Duty of Care Owed by Owner/Occupier of Premises With Duty Owed by Independent Contractor

  • Parrish et al. v. St. Joseph'S/Candler Health System, Inc. et al.

    Publication Date: 2022-07-05
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sarah Adle, (Harris Lowry Manton LLP), Brookhaven, Stephen Lowry, (Harris Lowry Manton LLP), Savannah, for appellant.
    for defendant: William Dekle, B. Smith, (Brennan, Wasden & Painter, LLP), Savannah, Daniel Huff, Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, Andrew Wilkes, Irving Drought, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A22A0484

    Motion to Vacate Consent Order Founded on Prior Attorney's Legal Mistake Properly Denied

  • Rosser v. Clyatt et al.

    Publication Date: 2022-06-27
    Practice Area: Fee Disputes
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: W. Langdale, Kathryn Parrish Bennett, (Langdale Vallotton, LLP), Valdosta, for appellant.
    for defendant: Barbara Mulholland, (Dennis, Corry, Porter & Smith, LLP), Atlanta, Anna Cross, (The Cross Firm LLC), Decatur, Kurt Kastorf, (Kastorf Law), Atlanta, W. Langdale, (Langdale & Vallotton LLP), Valdostsa, Thomas Lehman, (Thomas L. Lehman), Cairo, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Gabriel Ridley, (The Ridley Law Firm, LLC), Cairo, Kathryn Harden, (Hall Booth Smith, P.C.), Albany, for appellee.
    Case Number: A22A0469

    Court affirms award of attorney fees for appellate matters under the Georgia anti-SLAPP statute

  • In Re the Estate of Brenda Elizabeth Strother (Ward)

    Publication Date: 2022-06-14
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: William Churchill, (Attorney at Law), Decatur, Calvin Rouse, (Attorney at Law), Augusta, for appellant.
    for defendant: Latawsha Little-Hill, (Assistant Solicitor-General), Lawrenceville, for appellee; Benjamin Pierman, (McCurdy & Candler LLC), Decatur, for other party; Felisa Harris, (The Harris Law Group, PC), Pechtree City, Keturah Dunne, Patterson, for AM.
    Case Number: A22A0210

    Court dismisses appeal that challenged appointment of a temporary guardianship and conservatorship

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Russell et al. v. Kantamneni et al.

    Publication Date: 2022-06-08
    Practice Area: Expert Witnesses | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jason E. Reeves, (The Reeves Firm), Atlanta, Robert Wright, (Katz Stepp Wright & Fleming LLC), Decatur, for appellant.
    for defendant: Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, Christina Essex, (Fisherbroyles LLP), Atlanta, for appellee; Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, Sharonda Boyce, (Huff Powell Bailey LLC), Atlanta, Nichole Hair, (Hall Booth Smith), Atlanta, for other party.
    Case Number: A22A0378

    Experienced Rheumatologist Was Qualified to Render Expert Opinion in Medical Malpractice Case Involving Death From Lupus

  • Miller v. Polk et al.

    Publication Date: 2022-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A22A0325

    Court affirms majority of summary judgment ruling in a medical negligence matter, but reverses and remands on a negligent credentialing cause of action

  • In the Interest of A. G., a child.

    Publication Date: 2022-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A22A0459

    Court affirms denial of State's motion to transfer a juvenile case to the superior court and to treat a child as an adult on attempted murder and other charges

  • C.R. of Thomasville, LLC et al. v. Hannaford et al.

    Publication Date: 2022-04-27
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Brookes, (Attorney at Law), Atlanta, Dennis Brown, (Huff Powell Bailey, LLC), Atlanta, for appellant.
    for defendant: Daniel Cotter, (Law Offices of Daniel W. Cotter, P.C.), Decatur, Anna Cross, (The Cross Firm LLC), Decatur, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Scott Gwartney, (Brooks Leboeuf Foster Gwartney Leace & Hobbs), Tallahassee, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A22A0094

    Court affirms denial of nursing facility's motion to dismiss a negligence complaint in favor of arbitration because arbitration agreement was not signed by plaintiff's agent

  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action