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  • Sivak v. Georgia Department of Natural Resources

    Publication Date: 2024-04-19
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Anna Cross, Meredith Kincaid, (Cross Kincaid), Decatur, Brandon Smith, (Shiver Hamilton LLC), Atlanta, for appellant.
    for defendant: Ronald Boyter, Christopher Carr, Angela Cusimano, Kristine Hayter, (Attorney General), Atlanta, for appellee.
    Case Number: A23A1323

    Court affirms dismissal of personal injury and premises liability lawsuit against Georgia Department of Natural Resources, citing sovereign immunity and discretionary functions exception

  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.
    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession

  • Smith v. Six Flags Over Georgia II, LP

    Publication Date: 2024-04-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, for appellant.
    for defendant: Andrew Bagley, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A1431

    Court affirms summary judgment for an amusement park in a personal injury case, finding that injured party had equal knowledge of risks that were open and obvious

  • Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.
    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty

  • 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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  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-01-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Charles R. Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Sims Stein, (J. Stein Law Firm), Atlanta, for appellee.
    Case Number: S23G0795

    Court of clarifies legal considerations and standards that should be applied to spoliation of evidence issues for purposes of assessing sanctions in premises liability actions

  • Savannah State University Foundation, Inc. et al. v. Lewis et al.

    Publication Date: 2023-12-20
    Practice Area: Premises Liability
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee.
    Case Number: A23A1199

    Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property

  • Pennington et al. v. Bridge Senior Living, LLC et al.

    Publication Date: 2023-12-05
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Gewirtz, Eric Hertz, (Eric J Hertz, PC), Atlanta, for appellant.
    for defendant: Parks Stone, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.
    Case Number: A23A0883

    Court affirms summary judgment in a premises liability case involving a fatal fall at an assisted living facility, finding that injured party had equal knowledge and should have been aware of a hazard

  • Suresh & Durga, Inc. v. Jane Doe

    Publication Date: 2023-11-30
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Roger Harris, Kori Wagner, (Swift, Currie Mcghee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Patrick McDonough, Tyler Dillard, Jonathan Tonge, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A23A0942

    Court affirms denial of motel's motion for summary judgment in a premises liability case involving sex trafficking, finding material questions of fact as to foreseeability, duty of care, and causation