• 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.

  • Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • Rollins et al. v. LOR, Inc., et al.

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: H. Mixson, Timothy Rigsbee, Robert Ashe, (Bondurant Mixson & Elmore LLP), Atlanta; Thomas Rafferty, Antony Ryan, Samira Shah (Cravath, Swaine & Moore LLP), New York, for appellant.
    for defendant: Alan Bakowski, James Lamberth, William Withrow (Troutman Sanders LLP), Atlanta, for appellee.

    Case Number: A18A0638

    Family Business Trustees' Claims Against Business Managers Were All Either Time-Barred or Derivative in Nature

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.

    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Cornerstone Quarry 2010 A Trust v. Heath

    Publication Date: 2018-06-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Randy Berlew (Stern & Eisenberg Southern, P.C.), Columbia, for appellant.
    for defendant: Chrislon Heath, Lawrenceville, for appellee.

    Case Number: A18A0650

    Remand Necessary to Permit Trial Court to Explain Its Unwillingness to Accept Photocopied Complaint Verification

  • Morton v. Macatee

    Publication Date: 2018-06-14
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Mary Durant (Attorney at Law), Tucker; Brad Evans (Attorney at Law), Madison, for appellant.
    for defendant: Christopher Huskins (The Huskins Law Firm), Eatonton, for appellee.

    Case Number: A18A0514

    Trial Court's Order Altering Amount and Method of Money Payment Constituted Unauthorized Modification of Divorce Decree

  • Drumm, In His Capacity As City Manager For The City Of Brunswick et al. v. George et al.

    Publication Date: 2018-06-13
    Practice Area: Civil Procedure | Contractual Disputes | Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Patrick O'Connor, Patricia Paul (Oliver Maner LLP), Savannah; Brian Corry (Williams Litigation Group), Brunswick, for appellant.
    for defendant: Adrienne Browning (Adrienne Browning, Attorney At Law, PC.), Brunswick, for appellee.

    Case Number: A18A0691

    Police Officers Could Not Sue City For Alleged Failure to Pay Promised Wage Increase In Absence of Valid Written Contract

  • Gateway Financial Services, LLC v. Norrils

    Publication Date: 2018-06-13
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Beasley
    Attorneys: For plaintiff: Trace Dillon (Dillon Law Firm P.C.), Snellville; Dana Jackson (The Law Offices of Dana N. Jackson PC), Snellville, for appellant.
    for defendant: Lavonne Norrils, Atlanta, for appellee.

    Case Number: A18A0564

    Trial Court's Factual Error in Misreading Date of Foreign Court Judgment Was Induced by Party Seeking Enforcement

  • Delta Aliraq, Inc. v. Arcturus International, LLC et al.

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Damages
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Beasley
    Attorneys: For plaintiff: James Hays, James Martin, B. Potter (Hays Potter & Martin LLP), Peachtree Corners, for appellant.
    for defendant: Brian Watt, Nicholas Howell (Troutman Sanders LLP), Atlanta, for appellee.

    Case Number: A18A0672

    Service on Corporate Entity Failed Because Entry of Service Form Did Not Identify Individual Served as Authorized Agent

  • Department Of Transportation v. Jones

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Melissa Tracy (Georgia Department of Law), Atlanta; Kristine Hayter (Office of the Attorney General), Atlanta, for appellant.
    for defendant: William Lanham, Clark McGehee (Johnson & Ward), Atlanta; Malcolm Sullivan (Attorney at Law), Forsyth, for appellee.

    Case Number: A18A0096

    Tort Suit Against State Agency Barred For Failure of Claimant to Comply With Statutory Ante Litem Notice Requirements