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  • KOS Limited v. Dockery et al.

    Publication Date: 2024-04-29
    Practice Area: Damages | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, Edgar Neely, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: John Hadden, Darren Penn, (Penn Law, LLC), Atlanta, Eric Ripper, (Ripper Law Firm PC), Atlanta, for appellee.
    Case Number: A23A1697

    Curt affirms denial of a motion by one defendant to set aside a joint and several damages award because that defendant failed to timely provide evidence to support apportionment

  • McCommons, et al. v. White, et al.

    Publication Date: 2024-04-22
    Practice Area: Wrongful Death
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: James Joedecke, Render Freeman, Tyler Dillard, Hayley Rymer, (Andersen Tate & Carr PC), Duluth, for appellee.
    Case Number: A23A1541

    Court affirms $22 Million Award in wrongful death lawsuit against dirt bike trail operator, finding evidence of gross negligence that precluded operator's reliance on a waiver signed by decedent

  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility

  • Patrick et al. v. Kingston

    Publication Date: 2024-03-12
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, for appellant.
    for defendant: Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellee; Robert Gardner, (Attorney at Law), Winder, Brian Hansen, (Kutak Rock LLP), Atlanta, for other party.
    Case Number: A23A1527

    Court reverses trial court's order enforcing a settlement in a fatal car accident case because the defendant's acceptance did not comply in full with the pre-lawsuit settlement offer

  • McBrayer et al. v. Scarbrough

    Publication Date: 2024-02-27
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A22A0002

    Court reverses grant of judgment on the pleadings in a wrongful death case due to waived sovereign immunity

  • 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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  • Tracy Garner et al. v. Acadia Healthcare Company, Inc. et al.

    Publication Date: 2023-11-20
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Naveen Ramachandrappa, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, Matthew Cathey, (Cathey & Strain. LLC), Cornelia, Brian Blankenship, Las Vegas, Joshua K Conaway, Albuquerque, for appellant.
    for defendant: Daniel Huff, Randolph Powell, Eric Wilder, Alexander Vey, (Huff, Powell & Bailey, LLC), Atlanta, Y. Williams, Anna Idelevich, Michael Weathington, (Weinberg Wheller Hudgins Gunn & Dial), Atlanta, for appellee.
    Case Number: A23A1090

    Court upholds dismissal of wrongful death claim due to lack of standing over a question of whether the plaintiffs were able to allege that an individual had died

  • McBrayer et al. v. Scarbrough

    Publication Date: 2023-11-03
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Craig A. Webster, (Webster Law Group, INC.), Tifton, for appellant.
    for defendant: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire), Buford, for appellee.
    Case Number: S22G1152

    "Use" of a patrol car for purposes of waiver of sovereign immunity is not limited to active use or use of the car as a vehicle

  • Leggat et al. v. Navicent Health, Inc. et al.

    Publication Date: 2023-10-23
    Practice Area: Civil Procedure | Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Jeffrey Banks, (Banks & Riedel, PC), Eastman, for appellant.
    for defendant: Hunter Allen, Joscelyn Hughes, Jennifer Bellis, (Bendin Sumrall & Ladner), Atlanta, Samuel Lucas, Stephen Moseley, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Jo Jagor, Mikell Reynolds, (Huff Powell Bailey), Atlanta, Austin Atkinson, Mitchell Walker, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A23A0631

    COVID Emergency Order Did Not Support Medical Malpractice Plaintiff's Claim For Additional Time to File Expert Affidavit

  • Wang et al. v. Dukes et al.

    Publication Date: 2023-08-09
    Practice Area: Motor Vehicle Torts | Wrongful Death
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jimmy Hwang, (Attorney at Law), Atlanta, for appellant.
    for defendant: William Major, David Wilson, Garret Drogosch, (Hawkins, Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A23A0104

    Issues of Material Fact Were Presented as to Whether Truck Driver Left His Lane of Travel Before Colliding With Minivan

  • Payton et al. v. City of College Park et al.

    Publication Date: 2023-08-09
    Practice Area: Government | Personal Injury | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
    for defendant: Sun Choy, (Freeman Mathis Gary, LLP), Atlanta, Matthew Bennett, (Bennett Law Office, LLC), Griffin, Sara Brochstein, Peachtree City, Arthur Park, (Mozley Finlayson & Loggins, LLP), Atlanta, for appellee.
    Case Number: A22A0739

    Ante Litem Notices to City of Damages Claim Failed to Specify Amount of Monetary Damages Sought