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Jordan v. Everson et al
Publication Date: 2017-11-08
Practice Area: Medical Malpractice
Industry:
Court: Supreme Court
Judge: Per Curiam
Attorneys:
For plaintiff: Eric Jeffrey Frisch (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
For defendant: Neal Henry Howard (Neal H. Howard & Associates), Columbus; Simon Weinstein (Law Office of Simon Weinstein, LLC), Atlanta, for appellee. Carl Richard Langley, Albany, for other party.
Case number: S17G1491

The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

Six Flags Over Georgia II, LP et al. v. Martin; and vice versa
Publication Date: 2017-11-01
Practice Area: Business Torts | Damages
Industry:
Court: Court of Appeals
Judge: Chief Judge Dillard
Attorneys:
For plaintiff: Laurie Daniel (Holland & Knight), Atlanta; Vernon Strickland (Wargo & French LLP), Atlanta; Charles McDaniel (Carlock, Copeland & Stair, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Leland Kynes (Kynes Law, LLC), Atlanta; Mellori Lumpkin, Atlanta, for appellant.
For defendant: Andrew Rogers, Gilbert Deitch (Deitch & Rogers, LLC), Atlanta; Timothy Peagler (Law Offices of Michael Lawson Neff, P.C.), Atlanta; Naveen Ramachandrappa, Michael Terry (Bondurant, Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellee.
Case number: A15A0828

Amusement park was liable to plaintiff for injuries he sustained after gang members viciously attacked him at a bus stop outside the park, even though plaintiff suffered his injuries beyond park's premises and approaches, but the Court of Appeals erred in ruling that the case had to be retried in its entirety due to an apportionment error, because liability and the calculation of damages sustained were distinct from the apportionment of fault and the apportionment error required retrial only for the apportionment of damages.

Georgia Farm Bureau Mutual Insurance Company v. Rockefeller
Publication Date: 2017-10-26
Practice Area: Insurance Law
Industry:
Court: Court of Appeals
Judge: Judge Bethel
Attorneys:
For plaintiff: Lee Gillis, Duke Groover, Marty Senn, Rachel Turnbull (James Bates Brannan Groover LLP), Macon, for appellant.
For defendant: Joseph Brown, Christopher Scott (Smith, Wallis and Scott, LLP), Carrollton, for appellee. Jason Hammer (Carlock Copeland & Stair LLP), Atlanta; Caroline Welden (Lueder Larkin & Hunter), Atlanta, for other party.
Case number: A17A0943

Insurer was liable up to the $100,000 combined coverage limit of insured's four uninsured motorist insurance policies for losses he sustained in an automobile accident that were not covered by his workers' compensation award or his settlement with the other driver's insurer.

September 07, 2017 | Daily Report Online

Savannah Legal Community Prepares to Evacuate Ahead of Irma

Savannah firms are battening down the hatches in preparation for Hurricane Irma. Along with other businesses, the city's two largest firms, HunterMaclean…
4 minute read
August 25, 2017 | Daily Report Online

Appeals Court: Two Policies Doesn't Equal Double UM Insurance Coverage

While Allstate issued two individually numbered policies, they were treated as one for the purpose of billing and claims coverage.
3 minute read
June 26, 2017 | Daily Report Online

Allstate Must Defend Wife Whose Hubby Shot Evening Caller

The 11th Circuit ruled the shooting, while intentional, constituted an accident under the wife's insurance policy because it was unforeseen to her.
10 minute read
June 06, 2017 | Daily Report Online

Carlock Adds Lawyers—and Other 'On the Move' News

The litigation firm has been busy adding lawyers this spring, including new partner Rolfe Martin, who brought his medical malpractice defense practice.
28 minute read
May 31, 2017 |

Werdesheim Goes From Defending Lawyers to Suing Them—and Other 'On the Move' News

After 12 years defending lawyers, accountants and other professionals as a partner at Carlock Copeland & Stair, Pete Werdesheim has switched to the plaintiffs side and works from an office in the Old Fourth Ward.
21 minute read
May 31, 2017 | Daily Report Online

Werdesheim Goes From Defending Lawyers to Suing Them—and Other 'On the Move' News

After 12 years defending lawyers, accountants and other professionals as a partner at Carlock Copeland & Stair, Pete Werdesheim has switched to the plaintiffs side and works from an office in the Old Fourth Ward.
5 minute read
May 25, 2017 |

Insurance Companies Lose Another UM Case in Court of Appeals

For the second time in the past week, the Georgia Court of Appeals has ruled against an insurance company over uninsured and underinsured motorist coverage.
8 minute read

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