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Drucker v. Morgan et al.
Publication Date: 2024-05-01
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Eugene Brooks, (Brooks Law Firm), Savannah, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
For defendant: Gregory Mast, Christopher Lee, (Fields Howell LLP), Atlanta, for appellee.
Case number: A24A0593

Court affirms summary judgment for certain entities in a premises liability claim but reverses dismissal of claims against a rental property's owner due to unresolved questions of fact

Ferguson et al. v. Bowers et al.
Publication Date: 2024-04-29
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Laura Speed, Michelle King, (Speed & King, LLC), Atlanta, Michael Terry, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellant.
For defendant: John Hall, Beth Kanik, (Hall, Booth, Smith, & Slover, P.C.), Atlanta, for appellee.
Case number: A23A1715

Court affirms summary judgment in favor of physicians in a medical malpractice action stemming from the discharge of a patient with mental disorders who drowned after being released

In the Interest of D. C. S. et al., Children
Publication Date: 2024-04-26
Practice Area: Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Joseph East, (Joe East Law, P.C.), Kingsland, for appellant.
For defendant: Christopher Carr, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, James Chamberlin, (Attorney at Law), Brunswick, Shalen Nelson, Atlanta, for appellee.
Case number: A23A1492

Court affirms order terminating a mother's parental rights to her two children based on evidence of abandonment, failure of support, and lack of parental care and control

Boone v. The State
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Jerry Chappell, (Georgia Public Defender Council), Roswell, for appellant.
For defendant: Leigh Patterson, (District Attorney), Rome, Ashley Cox, Rome, for appellee.
Case number: A23A1610

Court affirms convictions for attempted child molestation, trafficking for sexual servitude, and computer pornography, but reverses convictions for obscene contact and attempted exploitation

Premier Petroleum, Inc. v. Heer, Inc. et al.
Publication Date: 2024-04-26
Practice Area: Contracts
Industry: Distribution and Wholesale | Energy
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Justyn Alioto, (Mills & Hoopes, LLC), Atlanta, John McGoldrick, (Mills & Hoopes, LLC), Macon, Timothy Walls, (Mills & Hoopes, LLC), Lawrenceville, for appellant.
For defendant: Michael Cooper, Kenneth Barton, Kareem Kashlan, (Cooper, Barton & Cooper, LLP), Macon, for appellee.
Case number: A23A1432

Court affirms ruling that a gasoline supply contract was void and unenforceable due to procedural and substantive unconscionability of its terms, which unduly favored the supplier

Law Journal Press | Digital Book Health Care Benefits Law Authors: Jeffrey D. Mamorsky View this Book

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Holt et al. v. Glenwood Operating Company, LLC
Publication Date: 2024-04-25
Practice Area: Health Care Law
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys:
For plaintiff: Brian Parker, (The Parker Firm, LLC.), Alpharetta, Irwin Ellerin, (Ellerin Law Firm), Atlanta, Stephen McElwee, (Wells & McElwee), Athens, for appellant.
For defendant: Craig Brookes, Brian Mathis, (Huff Powell Bailey, LLC), Atlanta, Karen Smiley, (Hanks Brookes LLC), Atlanta, for appellee.
Case number: A23A1435

Court affirms summary judgment in favor of a nursing facility on appellants' claims for ordinary negligence and professional negligence

Farmer v. Farmer
Publication Date: 2024-04-25
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
For defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
Case number: A23A1302

Court reverses summary judgment order and rules that an oral promise to convey a life estate in real estate may be enforceable under specific circumstances

Creamer et al. v. Manley
Publication Date: 2024-04-24
Practice Area: Trusts and Estates
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: C. Adams, Jared Roberts, (Attorney at Law), Douglas, for appellant.
For defendant: Timothy Tanner, (Attorney at Law), Valdosta, for appellee.
Case number: A24A0111

Court confirms validity of will and rejects caveators' claims of testator's lack of testamentary capacity and undue influence by named beneficiary

Wakefield et al. v. Kiser
Publication Date: 2024-04-23
Practice Area: Contractual Disputes
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys:
For plaintiff: Todd Poole, (Poole Huffman), Tucker, for appellant.
For defendant: Joshua Mayes, Richard Robbins, Catherine Sullivan, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellee; Garrett Nail, (Portnoy Garner & Nail LLC), Atlanta, for other party.
Case number: A23A1705

Court affirms summary judgment for rescission of contract, but reverses attorney fee award at summary judgment and remands for jury's consideration of fees

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

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