• General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.

    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia

  • Kennison v. Mayfield et al.

    Publication Date: 2021-04-21
    Practice Area: Damages | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: William Dallas, (Beck, Owen & Murray), Griffin, Karl Broder, Griffin, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, (Brodhead Law, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellee.

    Case Number: A20A2074

    Court affirms $33 million wrongful death damages award and apportionment of fault in a wrongful death case, but reverses and remands as to attorney fees

  • Baldwin v. Gay et al.

    Publication Date: 2021-02-19
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, for appellant.
    for defendant: Trevor Hiestand, Luciana Aquino, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.

    Case Number: A20A2049

    Renewal Action Was Time Barred After Original Action Was Automatically Dismissed For Failure to Prosecute

  • Forbes et al. v. Auld et al.

    Publication Date: 2021-02-10
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Latif Oduola-Owoo, Robert Arrington, (Arrington Owoo PC), Atlanta, Katrenia Collins, (Attorney at Law), Atlanta, Tricia Hoffler, (Hoffler & Associates, PC dba The CK Hoffler Firm), Atlanta, Michael Terry, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, Jennifer Nichols, Douglas Clayton, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Leigh Wilco, (Weissman PC), Atlanta, Steven Stein, (Brady Law Group), San Rafael, for appellee.

    Case Number: A19A0621

    Court applies one-year statute of limitations under Belize law in a wrongful death action because the death occurred in that location.

  • Quynn v. Hulsey et al.

    Publication Date: 2020-12-21
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: S19G1612

    Court determines that Georgia's apportionment statute abrogated the common law respondeat superior rule, making an employer liable for an employee's negligence

  • Atlantic Specialty Insurance Company v. City of College Park et al.

    Publication Date: 2020-12-14
    Practice Area: Insurance Litigation | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Seth Friedman, Christopher Meeks, (Lewis Brisbois Bisgaard and Smith), Atlanta, for appellant.
    for defendant: Karen Woodward, (Cruser & Mitchell, LLP), Norcross, Alwyn Fredericks, (Attorney at Law), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, for appellee. Reginald McClendon, (Lister & Holt, LLC), Jonesboro, Alisha Wyatt-Bullman, (City of Atlanta Law Department), Atlanta, for Other party.

    Case Number: A20A1104

    Court affirms higher $5 million liability insurance limit in wrongful death action against a city and rejects insurer's argument for a lower limit per contractual exclusion

  • Stubbs Oil Company, Inc. v. Price et al.

    Publication Date: 2020-11-19
    Practice Area: Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, Ryan Kolb, (Copeland Stair Kingma & Lovell LLP), Atlanta, for appellant.
    for defendant: David Groover, David Groover, (Attorney at Law), Calhoun, Terry Jackson, (Attorney at Law), Atlanta, Kyle Koester, (Attorney at Law), Woodstock, Bobby Cook, C. Connelly, (Cook & Connelly), Summerville, for appellee. David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, Roger Sumrall, (Bendin Sumarall & Ladner, LLC), Atlanta, Stephen Michmerhuizen, Warren Coppedge, (Coppedge and Associates, P.C.), Dalton, Sean Cox, (Attorney at Law), Atlanta, Scott Moulton, Danny Patterson, (Hall Booth Smith, P.C.), Atlanta, for other party.

    Case Number: A20A1377

    Shipper and its insurer were not vicariously liable in a wrongful death action against a motor carrier and its employee that were independent contractors

  • Arnold v. Turbow et al.

    Publication Date: 2020-10-29
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Louie Hendricks, (L. Barrington Hendricks, P.C.), Decatur, for appellant.
    for defendant: Jeffrey Tompkins, Gerond Lawrence, Marriah Paige, Derron Bowles, (Thomas Kennedy Sampson & Tompkins), Atlanta, Dana King, (Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet, LLP), Atlanta, for appellee.

    Case Number: A20A1233

    Court affirms summary judgment in favor of doctors and a hospital in a wrongful death case due to lack of probable cause

  • Garrett et al. v. Department of Human Services et al.

    Publication Date: 2020-07-30
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Emmett Arnold, (Emmett J Arnold P.C.), McDonough, Brian Parker, (The Parker Firm, LLC), Alpharetta, Dana Norman, Thomas Blaska, (The Blaska Law Firm, LLC), Atlanta, Jane Glaze, Jonesboro, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Angela Cusimano, (Georgia Department of Law), Atlanta, Danielle Obiorah, (Obiorah Fields, LLC), Jonesboro, for appellee. Michael Miller, (Drew Eckl & Farnham, LLP), Atlanta, for other party.

    Case Number: A20A0164

    Court affirms dismissal of claims from a decedent's estate against the Department of Human Services, which claims were barred by sovereign immunity

  • Richey et al. v. The Kroger Company et al.

    Publication Date: 2020-07-23
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Denise Hoying, Peter Law, Ernest Moran, (Law & Moran), Atlanta, for appellant.
    for defendant: Matthew Moffett, Jeff Wasick, (Gray, Rust, St. Amand, Moffett & Brieske LLP), Atlanta, Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, Ryan Kolb, (Copeland Stair Kingma & Lovell LLP), Atlanta, for appellee.

    Case Number: A20A0363

    Court reverses summary judgment for a defendant in a negligence case because it could not say, as a matter of law, that the plaintiff did not exercise reasonable care to avoid injury