• 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

  • Handberry v. Stuckey Timberland, Inc.

    Publication Date: 2018-04-26
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Agriculture | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Caleb Walker (Katherine L. McArthur, LLC), Macon; Katherine McArthur (McArthur Law Firm), Macon, for appellant.
    for defendant: Paul Fields, Gregory Mast (Fields Howell Athans & McLaughlin LLP), Atlanta; Brandon Oren (Jones Cork & Miller LLP), Macon; Kamber Burke (Fields Howell LLP), Atlanta, for appellant. Christopher Phillips (Hunter, Maclean, Exley & Dunn, PC.), Savannah, for amicus curiae.

    Case Number: A17A1944

    Property Lessor Was Immune from Liability to Lessee's Guest Who Entered Property for Hunting Purposes

  • Mercer University v. Stofer et al.

    Publication Date: 2018-04-24
    Practice Area: Personal Injury | Premises Liability | Wrongful Death
    Industry: Education | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Ranse Partin, Davis Popper (Conley Griggs Partin LLP), Atlanta, for appellee.

    Case Number: A17A1515

    Triable Issues Of Fact As To Whether University Was Liable For Slip-And-Fall At Sponsored Event

  • St. Marys Health Care System, Inc. v. Roach et al.

    Publication Date: 2018-04-10
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Bailey, Leslie Cline, Bailey Sabulis (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: J. Cook (Cook, Noell, Tolley, Bates & Michael), Athens; Robert Irwin (Cook Noell, Tolley & Bates, LLP), Athens, for appellee. James Brim (Forrester & Brim, LLP), for other party.

    Case Number: A17A1582

    Emergency Room Physician's Decision Not to Ask On-Call Radiologist to Review X-Ray Sounded in Professional Negligence as to the Hospital

  • Cottingham v. Sapp

    Publication Date: 2018-04-02
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Andrew Hinton (Hinton & Powell), Atlanta, for appellant.
    for defendant: Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellee.

    Case Number: A17A1790

    Slip-And-Fall Plaintiff's Contradictory Testimony Supported Conclusion She Had Superior Knowledge of Hazard

  • Cherokee Main Street, LLC v. Ragan

    Publication Date: 2018-03-22
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brandon Day, Jerald Hanks (Hanks Brookes, LLC), Atlanta, for appellant.
    for defendant: William Akin, S. Tate (Akin & Tate, LLC), Cartersville, for appellee.

    Case Number: A17A1819

    Accident Victim Who Was Aware of Risk at Unmarked Crossing And Knowingly Stepped in Front of Approaching Car Had Superior Knowledge of Hazard

  • Leavins v. Nayan Corporation et al.

    Publication Date: 2018-03-01
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Fleming (Reynolds Horne & Survant), Macon, for appellant.
    for defendant: Stephanie Glickauf (Goodman McGuffey LLP), Atlanta, for appellee.

    Case Number: A17A1431

    The trial court properly granted summary judgment to defendants in plaintiff's suit arising after she fell in a shower at defendants' hotel, as plaintiff failed to make the required showing that the bathtub presented an unreasonable risk.

  • Weinstein v. Holmes et al.

    Publication Date: 2018-02-28
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laura Barron (Dickinson & Associates), Woodstock; Curtis Dickinson (Attorney at Law), Woodstock, for appellant.
    for defendant: Christina Sears (Dodson & Associates), Alpharetta, for appellee.

    Case Number: A17A1526

    The trial court erred in granting partial summary judgment to defendants in a negligence action arising after defendants' dogs allegedly attacked a dog plaintiff was walking, killing the dog and injuring plaintiff, as there was sufficient evidence for the issue of punitive damages to go to a jury.

  • The Mayor and Aldermen of Garden City v. Harris et al.

    Publication Date: 2018-02-23
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Patrick T. O'Connor, David William Bobo Mullens, III, James Philip Gerard (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Dorian Britt (Karsman, McKenzie & Hart), Savannah, for appellee.

    Case Number: S17G0692

    City was entitled to summary judgment in plaintiffs' suit to recover for injuries their daughter suffered at a City-owned and maintained football stadium because the Recreational Property Act provided immunity to City since the injured party was allowed to use City's property for recreational purposes free of charge.

  • Roberts et al. v. Mulkey et al.

    Publication Date: 2018-02-09
    Practice Area: Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Kam, Ebersbach & Lewis, Brian D. Lewis, Randy J. Ebersbach, for appellants.
    for defendant: Owen Gleaton Egan Jones & Sweeney, W. Seaborn Jones, Derrick L. Bingham, for appellees.

    Case Number: A17A1324

    In plaintiffs' personal injury suit, the trial court erred in granting summary judgment to defendant on the basis of official immunity because defendant negligently failed to perform a ministerial act and official immunity thus did not bar the suit.