• Langley v. MP Spring Lake, LLC

    Publication Date: 2018-05-23
    Practice Area: Civil Procedure | Landlord Tenant Law | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard, C.J.
    Attorneys: For plaintiff: Matthew Gebhardt (Gebhardt Law Firm), Jonesboro, for appellant.
    for defendant: Jacob Daly (Freeman, Mathis & Gary, LLP), Atlanta, for appellee.

    Case Number: A18A0193

    Tenant's Premises Liability Action Against Landlord Was Barred By Contractual Limitation Period Stated in Lease

  • 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

  • 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

  • Ya Van v. Siv Cheng Kong As Administratrix Of The Estate Of Chheng Siv Voigt et al.

    Publication Date: 2018-03-26
    Practice Area: Civil Procedure | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Melvin Hewitt, Hilary Hunter (Isenberg & Hewitt PC), Atlanta, for appellee. Maren Cave (Swift, Currie, McGhee & Hiers), Atlanta, for other party.

    Case Number: A17A1713

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit alleging that defendant was negligent in failing to keep her home safe from known dangers and dangerous conditions on the property when she allowed her son-in-law to enter her home and he fatally stabbed her daughter, as there was no evidence from which to conclude that defendant had reason to anticipate the man's violent conduct.

  • 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.

  • 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.

  • Williams v. Johnson

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Derric Crowther (Crowther Law Firm, PC), Atlanta; Deirdre Stephens (Attorney at Law), Pine Lake, for appellee.

    Case Number: A17A1652

    Defendant was entitled to summary judgment in plaintiff's premises liability suit because plaintiff had at least equal, if not superior, knowledge as defendant did of the hazard that caused his injury and the evidence was "plain, palpable and undisputable."

  • Bath v. International Paper Company et al

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Evidence | Premises Liability
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: William Bowen, Paul Painter (Bowen Painter, LLC), Savannah; April Stafford (Stafford Law Group, LLC), Statesboro, for appellant.
    for defendant: Todd Baiad, Lucas Bradley (Bouhan Falligant LLP), Savannah, for appellee. Garret Meader, Jeffrey Ward (Drew Eckl & Farnham, LLP), Brunswick, for other party.

    Case Number: A17A0906

    The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.