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  • Munro et al. v. Georgia Department of Transportation

    Publication Date: 2023-08-08
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, Darren Penn, (Penn Law LLC), Atlanta, James Seifter, (Attorney at Law), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Christopher Carr, Angela Cusimano, Kristine Hayter, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A23A0404

    Court affirms dismissal of negligent design claim in a wrongful death action for sovereign immunity reasons, but reverses dismissal of negligent inspection claim

  • Wallace v. City of Atlanta

    Publication Date: 2023-07-18
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Robin Clark, (Attorney at Law), Atlanta, Cale Brice, (The Brice Law Firm LLC), Atlanta, for appellant.
    for defendant: Kristine Hayter, (Office of the Attorney General), Atlanta, Joshua Foster, (City of Atlanta Department of Law), Atlanta, Ian Kecskes, (Department of Law), Atlanta, for appellee.
    Case Number: A23A0904

    Court affirms dismissal of wrongful death claims against the City because the plaintiff failed to substantially comply with ante litem notice requirements

  • Preferred Women's Healthcare LLC et al. v. Sain et al.

    Publication Date: 2023-06-29
    Practice Area: Evidence | Health Care Law | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Daniel Huff, Randolph Powell, (Huff, Powell & Bailey LLC), Atlanta, Sarah Akinosho, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Roy Barnes, John Bevis, (The Barnes Law Group, LLC), Marietta, Matthew Coles, (Coles Barton, LLP), Lawrenceville, Mark Meliski, Marietta, for appellee.
    Case Number: A23A0413

    Plaintiff's Expert Was Qualified to Testify as to How Long Patient Might Have Lived If Cancer Had Been Diagnosed and Treated Earlier

  • Mercy Housing Georgia III, L.P. a/b/a The Rose of Sharon Apartments et al. v. Kaapa

    Publication Date: 2023-06-20
    Practice Area: Wrongful Death
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Johnny Foster, Morton Forbes, Scot Pool, (Forbes, Foster & Pool), Savannah, for appellant.
    for defendant: Mark Adelman, (Mark Adelman, Attorney at Law, LLC), Savannah, Jed Manton, Madeline McNeeley, Andrew Conn, (Harris Lowry Manton LLP), Atlanta, for appellee.
    Case Number: A23A0462

    Court affirms summary judgment order in favor of wrongful death plaintiff where defendant's violation of a statute amounted to negligence per se

  • North Fulton Community Charities, Inc. v. Goodstein et al.

    Publication Date: 2023-05-26
    Practice Area: Personal Injury | Real Estate | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Coles, Aaron Tady, (Coles Barton LLP), Lawrenceville, for appellant.
    for defendant: Christopher Cosper, (Hull Towill Norman Barrett & Salley P.C.), Augusta, Mathew Jackson, (Jackson Law Offices, PC), Augusta, for appellee.
    Case Number: A23A0289

    Issue of Material Fact as to Whether Slip-And-Fall Plaintiff Was Aware of Unmarked Speed Bump in Parking Lot

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • BPG Inspection, LLC et al. v. Omstead

    Publication Date: 2023-03-06
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Edward Burch, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Stephen Chance, Lance Lourie, Andrew King, (Watkins Lourie Roll Chance PC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.
    Case Number: A22A1730

    Court enforces a one-year contractual limitations period for actions in tort and contract and reverses award to a plaintiff that sued for wrongful death damages

  • Hamon v. Connell et al.

    Publication Date: 2023-03-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert D. Howell, (Howell Law Firm, P.C.), Moultrie, for appellant.
    for defendant: Gregory Tyson Talley, Alphonso Avery Howell, IV, (Coleman Talley LLP), Valdosta, for appellee; Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, John J. Park, Jr., (Jack Park Law, LLC), Gainesville, Kenneth James Lewis, (Lewis LAW), Winder, for Amicus Appellant.
    Case Number: S22G0405

    Court holds that a decedent's adult children have an equitable right to pursue a wrongful death action where surviving spouse declines or refuses to do so

  • United Parcel Service of America, Inc. et al. v. Whitlock et al.

    Publication Date: 2023-02-27
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Dennis Cathey, Matthew Cathey, (Cathey & Strain, LLC), Cornelia, for appellee; Denise Hoying, Peter Law, (Law & Moran), Atlanta, John McKinley, Sean Boyd, (Mozley, Finlayson & Loggins LLP), Atlanta, for other party.
    for defendant: Jonathan Friedman, Philip O’Neill, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, for appellant.
    Case Number: A22A1231

    Court affirms order applying South Carolina law to wrongful death and punitive damages claims and vacates and remands an order that addressed spoliation of evidence

  • Irish Angela Frey, et al. v. Michael C. Jesperson et al.

    Publication Date: 2023-02-22
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
    for defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
    Case Number: A22A1589

    Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

  • Hall et al. v. Hill

    Publication Date: 2023-01-04
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope Mcglamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta, for other party.
    Case Number: A21A0111

    Appointment of conservator of minor children by one court divested another court of jurisdiction over alternate conservator's actions in a wrongful death matter