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Ferguson et al. v. Kennestone Hospital, Inc.
Publication Date: 2024-04-09
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Maxine Ferguson, Marietta, for appellant.
For defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
Case number: A23A1589

Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

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

Gonzalez et al. v. Jones
Publication Date: 2023-10-31
Practice Area: Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Jamie Cox, (Georgia Injury Attorneys), Atlanta, for appellant.
For defendant: Russell Davis, Tyler Adams, (Downey & Cleveland, LLP), Newnan, Laura Golden, (Downey & Cleveland, LLP), Atlanta, Amy Harper, Marietta, for appellee.
Case number: A23A0689

Court vacates dismissal of car accident personal injury case and remands for consideration of adding another defendant under OCGA § 9-11-15 (c) even though after statute of limitations had expired.

October 18, 2023 | Daily Report Online

They Didn't Know the Jury Was About to Return $23M—So They Settled for $10M

"The foreperson and several other jurors told us that they had been 10 seconds away from submitting the verdict that they had already agreed upon," said Jeb Butler of Butler Khan. "The verdict was for the [plaintiff's] family in the amount of $23 million, with 75% of the fault placed on [the defendant] and 25% on [the plaintiff]."
7 minute read
July 31, 2023 | Daily Report Online

$2.05M Settlement Reached in Car Crash Case After Juror Misconduct Alleged in $1.2M Verdict Trial

"In the jury room he told the jurors that [insurance] was his line of work and brought up lists of other cases, the facts of those cases and what they were worth," one plaintiffs counsel said.
7 minute read
July 31, 2023 | Daily Report Online

$31M Georgia Verdict: Here's What Lawyers Think Made the Difference

"We are very optimistic about our chances on appeal if the judge denies our motion for [judgment not withstanding the verdict]," said defense counsel G. Lee Welborn of Downey & Cleveland. "It is only halftime in this contest, and we get the ball in the second half."
7 minute read
Riley et al. v. Barreras
Publication Date: 2023-07-28
Practice Area: Motor Vehicle Torts | Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Kristi Bankston, (Worsham Corsi Scott and Dobur), Marietta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
For defendant: Alex Dixon, (Alex L. Dixon, P.C.), Lagrange, for appellee.
Case number: A23A0553

Plaintiff Offered No Evidence to Support Theories of Negligent Entrustment or Vicarious Liability

Preferred Women's Healthcare LLC et al. v. Sain et al.
Publication Date: 2023-06-29
Practice Area: Evidence | Health Care Law | Medical Malpractice | Wrongful Death
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Phipps
Attorneys:
For plaintiff: Daniel Huff, Randolph Powell, (Huff, Powell & Bailey LLC), Atlanta, Sarah Akinosho, (Downey & Cleveland, LLP), Marietta, for appellant.
For defendant: Roy Barnes, John Bevis, (The Barnes Law Group, LLC), Marietta, Matthew Coles, (Coles Barton, LLP), Lawrenceville, Mark Meliski, Marietta, for appellee.
Case number: A23A0413

Plaintiff's Expert Was Qualified to Testify as to How Long Patient Might Have Lived If Cancer Had Been Diagnosed and Treated Earlier

Rivers v. McCullers
Publication Date: 2023-05-25
Practice Area: Civil Appeals
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Jimmy Hwang, (Attorney at Law), Atlanta, for appellant.
For defendant: Jonathan Jones, (Attorneys at Law), Marietta, Joel Hausman, (Downey & Cleveland, LLP), Marietta, for appellee.
Case number: A23A0554

Court vacates a trial court's order dismissing an appeal because the trial court did not have jurisdiction to issue that order, but then dismisses that appeal

Simmons v. Bates et al.
Publication Date: 2023-02-07
Practice Area: Contracts | Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: James Hardee, (Fain, Major, Wiley & Brennan), Atlanta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
For defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, John Nichols, (Gwinnett District Attorney’s Office), Lawrenceville, for appellee.
Case number: A22A1460

Court affirms denial of a motion to enforce a settlement agreement in a car accident case because the settlement offer had not been accepted by all parties

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