• Harrison et al. v. Harrison

    Publication Date: 2023-08-04
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Tania Tuttle, Sarah Monico, Brett Ledermeier, (McLain & Merritt PC), Alpharetta, Lauren Miller, (Caldwell, Carlson, Elliott & DeLoach LLP), Atlanta, for appellant.
    for defendant: Louis Levenson, (Levenson & Associates), Atlanta, Christopher Williams, (Schulten Ward Turner & Weiss, LLP), Atlanta, for appellee.

    Case Number: A23A0281

    Court reverses summary judgment award that had been in favor of a seller in a property sale dispute due to lack of standing and absence of mutual mistake

  • Roberts v. Beacon Funding Corporation

    Publication Date: 2023-06-08
    Practice Area: Contracts
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Yasmin Cunningham, (The Law Office of Trey Ross, PC), Atlanta, Tremaine Ross, Peachtree Corners, for appellant.
    for defendant: James Hays, B. Potter, (Hays Potter & Martin, LLP), Peachtree Corners, James Martin, (Law Office of James W. Martin, P.C.), Atlanta, for appellee.

    Case Number: A23A0031

    Court determines that lessee's affidavit was parol evidence that could not be used to alter the terms of an underlying equipment lease that went into default

  • 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

  • Williams, III et al. v. Georgia Ports Authority et al.

    Publication Date: 2022-04-04
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Noble Boykin, (Jones, Boykin & Associates), Savannah, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Jared Campbell, Angela Cusimano, (Georgia Department of Law), Atlanta, Edgar Smith, (Morgan & Morgan, PA), Savannah, for appellee.

    Case Number: A21A1313

    Court reverses dismissal of negligence complaint against an individual, finding that he did not have Eleventh Amendment immunity under federal maritime law

  • Golden Peanut Company, LLC et al. v. Miller et al.

    Publication Date: 2022-03-30
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Caplan, Timothy Waddell, (Caplan Cobb LLP), Atlanta, Danielle Le Jeune, (Cozen O'Conner), Atlanta, Tia Ghattas, Amy Doig, (Cozen O'Conner), Chicago, Josh Greenbaum, (Cozen O'Conner), Philadelphia, for appellant.
    for defendant: James King, (The King Firm), Tifton, Bree Sullivan, (The Sullivan Firm), Thomasville, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellee; Nathan Gaffney, (Fried Rogers Goldberg), Atlanta, Mark Johnson, Judson Turner, (Gilbert Harrell Sumerford & Martin P.C.), Brunswick, for AM.

    Case Number: A21A1269

    Court finds that a trailer owner is not directly or vicariously liable for independent contractor's torts, and that accident reconstruction report is admissible under Rule 702

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Shadow v. Federal Express Corporation et al.

    Publication Date: 2021-07-08
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Melvin Hewitt, Hilary Hunter, Richard Crowson, (Isenberg & Hewitt PC), Atlanta, for appellant.
    for defendant: Christopher Byrd, Frederick Sager, Stephen Mooney, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, for appellee. Jerry Landers, (Attorney at Law), Marietta, for Amicus Appellant.

    Case Number: A21A0072

    Court affirms summary judgment for Federal Express in a negligence action filed by an employee injured in a mass shooting at a FedEx facility

  • American Southern Insurance Company v. SPN Trans, LLC. et al.

    Publication Date: 2021-06-30
    Practice Area: Insurance Litigation
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Denise Spitalnick, Samuel Sykes, John Easley, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: David Wood, (David H. Wood, P.C.), Atlanta, Daniel Gholston, Barry Zimmerman, (Zimmerman & Associates), Norcross, for appellee.

    Case Number: A21A0174

    Court affirms that an insurance carrier is liable to provide policy coverage for an accident that occurred while a truck was being used for non-trucking purposes

  • Stubbs Oil Company, Inc. v. Price et al.

    Publication Date: 2020-11-19
    Practice Area: Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, Ryan Kolb, (Copeland Stair Kingma & Lovell LLP), Atlanta, for appellant.
    for defendant: David Groover, David Groover, (Attorney at Law), Calhoun, Terry Jackson, (Attorney at Law), Atlanta, Kyle Koester, (Attorney at Law), Woodstock, Bobby Cook, C. Connelly, (Cook & Connelly), Summerville, for appellee. David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Roger Sumrall, (Bendin Sumarall & Ladner, LLC), Atlanta, Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, Sean Cox, (Attorney at Law), Atlanta, Scott Moulton, Danny Patterson, (Hall Booth Smith, P.C.), Atlanta, for other party.

    Case Number: A20A1377

    Shipper and its insurer were not vicariously liable in a wrongful death action against a motor carrier and its employee that were independent contractors

  • D. J. Powers Company, Inc. v. Peachtree Playthings, Inc.

    Publication Date: 2018-11-07
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Nicholas Laybourn, Savannah, Michelle Mejia, Arthur Purcell, (Sandler, Travis, & Rosenberg, P.A.), Chicago, New York, for appellant.
    for defendant: Robert D'Cruz, (Baker Hostetler), Atlanta, Shama Barday, (Onetrust LLC), Atlanta, Anthony Decinque, (Morris Manning & Martin, LLP), Atlanta, for appellee.

    Case Number: A18A1305

    No recovery of damages under tort theories when economic losses are governed by a contract