• Stern et al. v. Pettis et al.

    Publication Date: 2020-09-14
    Practice Area: Evidence | Expert Witnesses | Personal Injury
    Industry: Hospitality and Lodging | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David McCain, Hannah Gabriel, (Childers & McCain LLC), Macon, for appellant.
    for defendant: Carrie Christie, Courtney Norton, (Rutherford & Christie LLP), Atlanta, for appellee.

    Case Number: A20A1261

    Trial Court Properly Disallowed Proffered Expert's Speculative Causation Opinions

  • Lee v. Smith

    Publication Date: 2020-03-02
    Practice Area: Discovery | Expert Witnesses
    Industry: Entertainment and Leisure
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Bradley S. Wolff, David Marlow Atkinson, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Matthew Crawford Alford, Nathan David Cronic, Sr., (Willis McKenzie LLP), LaGrange, for appellee.

    Case Number: S18G1549

    Court vacates order excluding testimony of late-identified expert and announces factors to be considered in excluding that testimony

  • Watson v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Daniel Horne Petrey (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Jennifer Lynn Brooks, Helen Virginia Peters, Deborah D. Wellborn, Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0427

    The Supreme Court affirmed defendant's convictions for felony murder and possession of a firearm as he failed to prove his several ineffective assistance of counsel claims.

  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Kruel v. The State

    Publication Date: 2018-02-02
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mario Ninfo (Ninfo & Associates, P.C.), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A17A1729

    The evidence supported defendant's convictions for child molestation and third-degree cruelty to children after he molested a 9-year-old girl in front of her twin brother and the trial court was authorized under O.C.G.A. § 42-1-12 to require defendant to register as a sex offender as part of his sentence.

  • Smith v. The State

    Publication Date: 2017-10-30
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S17A1170

    The trial court did not abuse its discretion in allowing State's expert to testify that in his opinion the victimfs injuries were the result of abuse rather than accident and the Court, therefore, affirmed defendant's convictions for felony murder and other crimes in connection with the death of a 15-month-old girl.

  • Smith et al. v. Braswell et al.

    Publication Date: 2017-09-28
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lyle Warshauer (Warshauer Law Group PC), Atlanta; Max Freeman, Les Weisbrod, Luke Metzler, Lawrence Lassiter (Miller Weisbrod LLP), Dallas, for appellant
    for defendant: Daniel Huff, Taylor Tribble (Huff, Powell & Bailey LLC), Atlanta, Patrick Walsh (Hinkhouse Williams Walsh LLP), Chicago, for appellee.

    Case Number: A17A1191

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the preponderance of the evidence weighed against the admissibility of the expert's theory of causation; plaintiff thus failed to show causation and the trial court properly granted defendant's motion for summary judgment in plaintiff's negligence action arising from the labor and delivery of her son.

  • Cash et al. v. LG Electronics, Inc. et al.

    Publication Date: 2017-09-27
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
    for defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.

    Case Number: A17A0878

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.