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  • First Communities Management, Inc. v. Holmes

    Publication Date: 2020-01-27
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Brian Johnson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alfreda Williams, (Attorney at Law), Decatur, for appellee.
    Case Number: A19A1829

    Management company was entitled to summary judgment in a slip-and-fall case because claimant's speculation did not show that a hazardous condition existed.

  • Khalia, Inc. v. Rosebud

    Publication Date: 2020-01-13
    Practice Area: Civil Appeals | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Glenn Bass, Molly Moyer, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A19A1891

    Court affirms premises liability award because property manager failed to preserve the matter for appeal, and the evidence supported it.

  • Preservation Management, Inc. et al. v. Herrera, as Conservator of B. W., A Minor

    Publication Date: 2019-12-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Scott Huray, Robert Marcovitch, Jack Butler, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Evans, (Attorney at Law), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Alyson Evans, (Evans Law, LLC), Atlanta, for appellee.
    Case Number: A19A0777

    Court vacates and remands denials of motions for summary judgment and to compel discovery for determination of the merits of plaintiff's motion to compel

  • Smith et al. v. Camarena et al.

    Publication Date: 2019-12-13
    Practice Area: Employment Litigation | Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Ralph Perales, (Perales & Fernandez, LLP), Atlanta, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
    for defendant: William Allred, William Barrickman, (Barrickman, Allred & Young, LLC), Atlanta, Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for appellee.
    Case Number: A19A1396

    Triable Issue of Fact As To Whether Employee Was Shot and Killed in Parking Lot During Course and Scope of Employment

  • Cham et al. v. ECI Management Corporation et al.

    Publication Date: 2019-12-10
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: R. Campbell, Daniel Beer, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: John Hall, Jeffery Saxby, (Hall Booth Smith, PC), Atlanta, for appellee.
    Case Number: A19A1336

    Court reverses jury verdict due to trial court's error in granting a jury charge on assumption of risk in a negligence and wrongful death action

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  • Handberry et al. v. Manning Forestry Services, LLC

    Publication Date: 2019-12-10
    Practice Area: Personal Injury | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellee.
    Case Number: A19A1321

    Circumstantial evidence was insufficient to create an issue of fact as to knowledge of the existence of an open well in a survivor's negligence action against a contractor

  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2019-12-04
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Bruce Millar, (The Millar Law Firm), Jonesboro, James Sullivan, (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray, (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    Court affirms summary judgment in favor of landlord, who had no liability for injuries caused by a tenant's dog.

  • Langley v. MP Spring Lake, LLC

    Publication Date: 2019-11-18
    Practice Area: Contractual Disputes | Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Matthew Gebhardt, (Gebhardt Law Firm), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Sun S. Choy, Jacob Edward Daly, Wes C. Jackson, (Freeman Mathis & Gary, LLP), Valdosta, for appellee. Dana J. Norman, Thomas Charles Blaska, Thomas C. Blaska, (The Blaska Law Firm), Atlanta, Laura Wilson Speed, (Speed & King LLC), Atlanta, John David Hadden, (The Hadden Law Firm, LLC), Atlanta, Caleb Frank Walker, (Katherine L. McArthur, LLC), Macon, Janise L. Miller, Atlanta, Kenneth M. Sissel, Lilburn, Alan B. Gordon, Lilburn, Eugene C. Brooks, IV, (Brooks Law Office), Savannah, Cole Thaler, Crystal Angelique Redd, (Atlanta Volunteer Lawyers Foundation), Atlanta,, for Amicus Appellant. Mark W. Wortham, Austin Atkinson, (Hall Booth Smith PC), Atlanta, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, Hall F. McKinley, III, (Drew, Eckl & Farnham, LLP), Atlanta, Martin Adam Levinson, (Hawkins Parnell Thackston & Young LLP), Atlanta, Garret Warrington Meader, (Drew Eckl & Farnham LLP), Brunswick, James Miachaell Williams, (Fowler Hein Passino Cheatwood & Williams, LLP), Atlanta, John J. McDermott, (National Apartment Association), Arlington, for Amicus Appellee. Kevin Patrick Branch, Zach M. Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, for other party.
    Case Number: S18G1326

    Limitations provision in lease agreement applies only to contractual actions arising under the lease and not to tort claims

  • Scott et al. v. Forest Acres Full Gospel Church et al.

    Publication Date: 2019-11-01
    Practice Area: Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (Whitehurst Blackburn & Warren), Thomasville, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, Valerie Pinkett, (Guideone Insurance), Des Moines, Kyle Swann, (Whelchel & Carlton, LLP), Thomasville, for appellee.
    Case Number: A19A1053

    Summary judgment for owner of building affirmed where injured plaintiff had equal knowledge of dangers and assumed all risks

  • Wilkinson et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2019-10-15
    Practice Area: Personal Injury | Premises Liability
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joyce Bergman, (Attorney at Law, P.C.), Fairburn, for appellant.
    for defendant: Lee Gillis, (James-Bates-Brannan-Groover-LLP), Macon, for appellee. Paul Buchanan, Ellenwood, for other party.
    Case Number: A19A1447

    Court reverses summary judgment order and determines that coverage for injuries was not excluded by language in a homeowner's insurance policy.