• PTI Royston, LLC v. Eubanks et al.

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A21A0182

    Georgia's general tort statute of repose bars strict liability claims brought under the Asbestos Claims Act, but defendant may be barred from that defense due to claims of fraud

  • Winnebago Industries, Inc. v. Simpson et al.

    Publication Date: 2020-05-06
    Practice Area: Products Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Mark Lefkow, (Copeland Stair Kingma & Lovell, LLP), Atlanta, for appellant.
    for defendant: Tashia Zeigler, (The Zeigler Firm), Marietta, for appellee.

    Case Number: A19A2219

    Trial Court Properly Awarded Relief to Motor Home Buyers; Motor Home Assembler Was a 'Manufacturer' Under the Lemon Law

  • Curry v. Conopco, Inc. et al.

    Publication Date: 2020-04-13
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Wiley Curry, Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen, (Huff, Powell & Bailey, LLC), Atlanta, for appellee.

    Case Number: A19A2026

    Court affirms summary judgment in product liability case when plaintiff failed to produce an expert after two years of litigation

  • Justin Smiley, as Administrator of the Estates of Terri White and of Paul White v. Blasingame, Burch, Garrard & Ashley, P. C. et al.

    Publication Date: 2019-12-12
    Practice Area: Legal Malpractice | Products Liability
    Industry: Health Care | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Richard Robbins, Heather Sharp, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, appellant.
    for defendant: Christine Mast, H. Young, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellee.

    Case Number: A19A1193

    Legal Malpractice Plaintiffs Who Challenged Distribution of Settlement Proceeds Failed to Show Proximate Cause or Damages

  • Matthews v. Yoplait USA, Inc.

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: David Groff, William Tinkler, (Attorney at Law), Snellville, William Tinkler, (Attorney at Law), Decatur, for appellant.
    for defendant: Catherine McCormack, (Hawkins & Parnell, LLP), Atlanta, Charmaine Harris, (Blackwell Burke, P.A.), Minneapolis, for appellee.

    Case Number: A19A1240

    Court reverses summary judgment that had been in favor of food manufacturer due to trial court's misapplication of doctrine of res ipsa loquitor

  • Davis et al. v. John Crane, Inc.

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buck, (Buck Law Firm), Peachtree Corners, for appellant.
    for defendant: Ollie Harton, Catherine McCormack, Jenna Fowler, (Hawkins Parnell & Young, LLP), Atlanta, Robert Gilbreath, (Hawkins Parnell & Young, LLP), Dallas, for appellee. Thomas Soderberg, (Attorney at Law), Atlanta, Shubhra Mashelkar, George Green, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Stephen Collier, Nicholas Fox, (Hawkins, Parnell, Thackston & Young), Atlanta, Uchenna Ekuma-Nkama, (Dentons US LLP), Atlanta, Jibran Shermohammed, (Orange Barrel Media), Atlanta, Elizabeth J. Lewis, (Butler Snow LLP), Atlanta, James Hollis, (Balch & Bingham LLP), Atlanta, Ivan Gustafson, Lucille Andres, (Evert Weathersby Houff), Atlanta, for other party.

    Case Number: A19A1137

    Court reverses grant of summary judgment in favor of company that supplied asbestos parts, but affirms for equipment manufacturer that did not use asbestos

  • Suzuki Motor of America, Inc. et al. v. Johns et al.

    Publication Date: 2019-08-27
    Practice Area: Personal Injury | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Carl Anderson, Michael Goldman, (Hawkins Parnell Thackston & Young, LLP), Atlanta, Susan Clare, Chilton Varner, Billie Pritchard, (King & Spalding LLP), Atlanta, for appellant.
    for defendant: R. Edwards, Paul Piland, (Cochran & Edwards, LLC), Smyrna, Jennifer Coalson, David Walbert, (Parks, Chesin, Walbert & Miller, P. C.), Atlanta, John Sherrod, (Sherrod & Bernard), Douglasville, for appellee. Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for AM.

    Case Number: A19A0108

    Court affirms summary judgment for injured plaintiff and apportionment of damages award in a motorcycle accident case

  • Mary Sheffield et al. v. Conair Corporation

    Publication Date: 2018-12-07
    Practice Area: Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Michael Robl, (Robl Law Group LLC), Tucker, for appellant.
    for defendant: Jeffery Saxby, (Hall Booth Smith, P.C.), Atlanta, for appellee.

    Case Number: A18A1032

    Court Affirms Order Granting Summary Judgment to Mattress Heater Manufacturer in Suit by Customer Whose Mattress Caught on Fire

  • Woods et al. v. A.R.E. Accessories, LLC

    Publication Date: 2018-06-21
    Practice Area: Civil Procedure | Products Liability
    Industry: Automotive | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: John Peavy (Peavy Law LLC), Atlanta, for appellant.
    for defendant: Alan Ness, Duluth, for appellee.

    Case Number: A18A0292

    The trial court properly granted summary judgment to manufacturer in plaintiffs' product liability action because there was an absence of evidence in the record that the product was defectively designed; rather, the evidence showed that the sole cause of plaintiffs' injuries was the unforeseeable misuse of the product.

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.

    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.