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

    Publication Date: 2023-10-31
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: James King, (The King Firm), Tifton, Joseph Hudson, (Hudson Injury Firm), Tifton, Bree Sullivan, (The Sullivan Firm), Thomasville, Leland Kynes, (Kynes Law, LLC), Atlanta, for appellant.
    for defendant: Steven Kyle, (Bovis, Kyle & Burch), Atlanta, Michael Caplan, Timothy Waddell, (Caplan Cobb, LLP), Atlanta, Danielle Le Jeune, Tia Ghattas, Amy Doig, Josh Greenbaum, (Cozen O'connor), Atlanta, for appellee.
    Case Number: A21A1270

    Court of Appeals vacates its prior judgment and vacates a trial court order denying a motion to exclude testimony based on Supreme Court's decision as to expert testimony in a vehicle accident case

  • Humphrey et al. v. The Emory Clinic, Inc. et al.

    Publication Date: 2023-10-03
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Kristopher Alderman, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Alison Currie, (FisherBroyles, LLP), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, for appellant.
    for defendant: Robert Marcovitch, Anna Pieschel, Caroline Gieser, (Shook, Hardy & Bacon LLP), Atlanta, Paul Weathington, Carter Weathington, (Weathington Smith), Atlanta, Spencer Bomar, Wayne McGrew, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A0735

    Court affirms exclusion of expert opinions as to standard of care and causation against physician specialists because those opinions did not satisfy OCGA § 24-7-702.

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

    Publication Date: 2023-09-22
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Leland Hiatt Kynes, (Kynes Law, LLC), Atlanta, James Lory King, II, (The King Firm), Tifton, Bree Owens Sullivan, (The Sullivan Firm LLC), Thomasville, for appellant.
    for defendant: Michael Adam Caplan, Timothy Brandon Waddell, (Caplan Cobb LLP), Atlanta, Danielle Corin Le Jeune, (Cozen O’Connor), Atlanta, Tia C. Ghattas, (Cozen O’Connor), Chicago,, Josh M. Greenbaum, (Cozen O’Connor), Philadelphia, Steven J. Kyle, William Randal Bryant, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellee; Michael Scott Carlson, Fani T. Willis, Kevin Christopher Armstrong, Adam Robert Abbate, (Fulton County District Attorney’s Office), Atlanta, for Neutral Amicus.
    Case Number: S22G0905

    Court rules that expert testimony from an investigating officer in an auto accident case is subject to the same Rule 702 analysis as testimony from other expert witnesses

  • Smaha et al. v. The Medical Center of Central Georgia, Inc.

    Publication Date: 2023-07-31
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Clay, (Pratt Clay, LLC), Atlanta, Wesley Taulbee, (Clay Taulbee & Myers, LLC), Statesboro, James Myers, (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Jo Jagor, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, Roy Meeks, Atlanta, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A23A0267

    Court affirms dismissal of plaintiff's expert in a medical malpractice case because he had no relevant experience to qualify as an expert on the nursing standard of care

  • National Emergency Medical Services, Inc. d/b/a National Ems v. Smith, et al.

    Publication Date: 2023-07-10
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Myrece Johnson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Craig Jones, (Craig T. Jones, PC), Washington, for appellee.
    Case Number: A23A0291

    Court reverses denial of motion to exclude expert testimony in a negligence case because expert did not articulate reliable standard of care for 911 call response

  • 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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  • Early v. Morgan Fleet Services, Inc.

    Publication Date: 2023-06-09
    Practice Area: Expert Witnesses
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Samuel Starks, Shean Williams, (The Cochran Firm Atlanta), Atlanta, Andre’ Ramsay, Atlanta, for appellant.
    for defendant: George Welborn, (Downey, Cleveland, Parker & Williams), Marietta, for appellee.
    Case Number: A23A0148

    Court reverses summary judgment and rules that an expert's opinion is admissible in a negligence matter even though the opinion is not based on a hard scientific basis

  • Zeh et al. v. Maso et al.

    Publication Date: 2023-03-24
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Randolph Powell, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Wendy Huray, David Krugler, Andrew Cash, Laura Voght, (Cash Krugler & Fredericks, LLC), Atlanta, Joshua Silk, (Shamp Speed Jordan Woodward), Atlanta, for appellee.
    Case Number: A22A1289

    Court concludes that a physician is not vicariously liable under OCGA §43-34-100, and holds that certain expert testimony is not admissible in a medical malpractice case

  • Edwards v. Roundtree et al.

    Publication Date: 2022-11-25
    Practice Area: Evidence | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jon Hall, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Robert Pirkle, (Attorney at Law), Hinesville, Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1603

    Plaintiff's Physician's Medical Narrative Report Was Admissible Even Though It Differed From Deposition Testimony

  • Howell et al. v. Cochran

    Publication Date: 2022-09-12
    Practice Area: Expert Witnesses | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Paul Weathington, David Hanson, Elizabeth Linginfelter, (The Weathington Firm), Atlanta, for appellant.
    for defendant: Charles Brant, (Colom and Brant), Atlanta, for appellee.
    Case Number: A22A0913

    Court affirms denial of defendants' motion for summary judgment in a medical malpractice case, finding that testimony from plaintiff's expert was properly admitted

  • Hart v. Phung et al.

    Publication Date: 2022-07-15
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alexander Hait, (Hait Law Offices), Woodstock, Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, Kimberly Stevens, (Attorney at Alw), Atlanta, Jeffrey Adams, (Hawkins Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A22A0528

    Court affirms order excluding expert testimony outside of expert's area of expertise in a car accident case, and reverses summary judgment award due to questions of fact