• Bibbs et al. v. Toyota Motor Corporation et al.

    Publication Date: 2018-07-10
    Practice Area: Damages | Personal Injury | Wrongful Death
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Roy E. Barnes, John Raymond Bevis, John Ross Bartholomew IV (The Barnes Law Group LLC), Marietta; Robert David Cheeley (Sherry Schons - Cheeley Law Group), Norcross; Keith E. Fryer (Fryer Shuster & Lester P.C.), Atlanta; Keith Allen Pittman (Cheeley Law Group LLC), Alphatetta; Thomas A. Eaton (University of Georgia School of Law), Athens, for appellant.
    for defendant: Carrie Lynn Christie, Robert Harris Burke (Rutherford & Christie LLP), Atlanta; Frank Mitchell Lowrey IV, Amanda Kay Seals Bersinger (Bondurant Mixson & Elmore LLP), Atlanta; Joel H. Smith, Richard Hood Willis, Ashleigh R. Wilson (Bowman and Brooke LLP-SC), Columbia, for appellee.

    Case Number: S18Q0075

    Damages in a wrongful death action are limited by the decedent's full settlement of her earlier personal injury action.

  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2018-07-09
    Practice Area: Internet Law | Personal Injury
    Industry: Automotive | Entertainment and Leisure | Software
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Todd Henningsen (Attorney at Law), Atlanta; Darryl Adams, Susan Cremer, Timothy Peagler (Law Offices of Michael Lawson Neff PC), Atlanta; John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Naveen Ramachandrappa, Michael Terry, Amanda Bersinger (Bondurant Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellant.
    for defendant: Lori Cohen, Mark Trigg, Janna Nugent (Greenberg Traurig LLP), Atlanta; Benjamin Kleine, Michael Rhodes (Cooley LLP), San Francisco, for appellee. Robert Johnson (Johnson & Alday LLC), Marietta; Anne Gower (Attorney at Law), Atlanta, for other party.

    Case Number: A18A0749

    Snapchat Not ImmuneFrom Liability For Designing and Creating App That Allegedly Encouraged Excessive Speeding

  • Woods et al. v. A.R.E. Accessories, LLC

    Publication Date: 2018-06-21
    Practice Area: Civil Procedure | Products Liability
    Industry: Automotive | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: John Peavy (Peavy Law LLC), Atlanta, for appellant.
    for defendant: Alan Ness, Duluth, for appellee.

    Case Number: A18A0292

    The trial court properly granted summary judgment to manufacturer in plaintiffs' product liability action because there was an absence of evidence in the record that the product was defectively designed; rather, the evidence showed that the sole cause of plaintiffs' injuries was the unforeseeable misuse of the product.

  • Bramley v. Nationwide Affinity Insurance Company Of America

    Publication Date: 2018-06-05
    Practice Area: Insurance Law
    Industry: Automotive | Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: O. Ellerbee (Attorney at Law), Valdosta, for appellant.
    for defendant: Joshua Canton (Attorney at Law), Tallahassee; Lara Edelstein (Conroy Simberg), Hollywood, for appellee. Matthew Lawrence (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for other party.

    Case Number: A18A0009

    Jury Question As to Whether Injured Motorist's Failure to Provide Prompt Notice of Injury to Insurer Was Due to Reasonable Delay

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.

    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • Almassud v. Mezquital

    Publication Date: 2018-05-04
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Trevor Hiestand (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet (Brodhead Law LLC), Atlanta, for appellee. J. Pierce (Pierce & Dunkelberger), Atlanta, for other party.

    Case Number: A17A2119

    Trial Court Should Have Instructed Jury on Defendant's Theory That Alleged Negligence Per Se was Unknowing and Unintentional

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.

    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.

    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Hazelwood v. Auto-Owners Insurance Company

    Publication Date: 2018-04-17
    Practice Area: Insurance Law
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Mark Webb (Brinson, Askew, Berry, Seigler et al), Rome, for appellant.
    for defendant: Michael Kendall, Maureen Murphy, Ellen Abt (Kendall Law Group, LLC), Douglasville, for appellee. Savannah Bray (Downey & Cleveland, LLP), Marietta, for other party.

    Case Number: A17A1596

    No Underinsured Motorist Coverage Where Claimant Was Injured by Vehicle Furnished for His Regular Use

  • Automotive Credit Corp. v. White

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Trace Dillon (Dillon Law Firm P.C.), Snellville; Dwayne Kinney, Snellville, for appellant.
    for defendant: Dominique White, Kennesaw, for appellee.

    Case Number: A17A1559

    The trial court erred in denying plaintiff's petition to domesticate and enforce a foreign judgment; although the trial court correctly found that, under O.C.G.A. § 9-12-60, the judgment became dormant seven years after it was entered, the trial court overlooked the fact that plaintiff had an additional three years after the judgment became dormant to revive it under O.C.G.A. § 9-12-61.