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  • Lowery et al. v. Noodle Life, Inc.

    Publication Date: 2022-03-11
    Practice Area: Personal Injury
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Dekle, (Attorney at Law), Augusta, Andrew Holliday, (Andrew W. Holliday, P.C.), Alpharetta, for appellant.
    for defendant: Robert Luskin, Robert Noble, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellee.
    Case Number: A21A1463

    Court affirms summary judgment in favor of one corporate entity in a personal injury action where that entity was commonly owned with the entity responsible for the injury

  • Pappas Restaurant, Inc. v. Welch et al.

    Publication Date: 2022-01-10
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray, Rust, St. Amand, Moffett & Brieske), Atlanta, Laurie Daniel, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Edward Wynn, James Sadd, (Slappey & Sadd, LLC), Atlanta, Aleksandra Bronsted, (Law Offices of Aleksandra Bronsted PC), Atlanta, for appellee; Warner Fox, Christine Mast, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, Bret Moore, (Broughton Law), Atlanta, for AM.
    Case Number: A21A1341

    Court reverses denial of summary judgment and rules in favor of property owner and security company on claims for negligence following a shooting in a parking lot

  • Cowan Systems, LLC v. Collier

    Publication Date: 2021-12-07
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Dixon, Jason Stewart, (Dennis, Corry, Smith, & Dixon LLP), Atlanta, for appellant.
    for defendant: Jonathan Hayes, (Goldstein & Hayes, P.C.), Atlanta, for appellee.
    Case Number: A21A1697

    Trial Court's Awarding of Presumptive Jury Instruction as a Sanction Was Too Harsh; Court Vacates Order and Remands

  • Dean v. Dean

    Publication Date: 2021-11-30
    Practice Area: Contractual Disputes | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Elizabeth Lindsey, Matthew Johnson, (Davis Matthews & Quigley PC), Atlanta, for appellant.
    for defendant: Russell Bryant, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A21A0818

    Court reverses order that an ex-wife owed half of the back taxes paid by her former spouse, who voluntarily disclosed and paid the taxes pursuant to an amnesty program

  • Fross v. Norfolk Southern Railway Company

    Publication Date: 2021-10-21
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Warshauer, Trent Shuping, Jasper Abbott, (Warshauer Law Group), Atlanta, for appellant.
    for defendant: Franklin Brannen, Admir Allushi, Lillian Henry, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A21A0990

    Court agrees that a contractor's employee was employed by a railroad for liability under federal law, and remands for consideration of state law negligence claims

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  • Harrison v. Whitaker

    Publication Date: 2021-09-22
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Alexis Harrison, Rudyard, for appellant.
    for defendant: Kristen Williams, (Patrick, Beard, Schulman & Jacoway), Chattanooga, for appellee.
    Case Number: A21A0755

    Court vacates and remands denial of petitioner's motion for modification of child custody because trial court failed to make findings on changed circumstances

  • Baxter v. Tracie McCormick, Inc. et al.

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Fulton County Superior Court, (Perkins Studdard LLC), Carrollton, for appellant.
    for defendant: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for appellee.
    Case Number: A21A0012

    Posthumous Claim of Partial Dependency Did Not Alter Statutory Cap on Workers' Comp Benefits Payable to Surviving Spouse

  • PTI Royston, LLC v. Eubanks et al.

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A21A0182

    Georgia's general tort statute of repose bars strict liability claims brought under the Asbestos Claims Act, but defendant may be barred from that defense due to claims of fraud

  • Durham v. Dollar Tree Stores, Inc. et al.

    Publication Date: 2021-08-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Erica Durham, Opelika, for appellant.
    for defendant: Rebecca Strickland, Nelofar Agharahimi, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A21A0624

    Trial Court Erred by Issuing an Incomplete Jury Instruction on Apportionment in Premises Liability Action; Denial of Motion for New Trial Remanded

  • Crebs et al. v. Bass Pro Outdoor World et al.

    Publication Date: 2021-07-28
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: H. Stafford, (Attorney at Law), Hinesville, for appellant.
    for defendant: Parks Stone, William Bingham, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.
    Case Number: A21A0299

    Court Affirms Summary Judgment in Personal Injury Case Against Bass Pro Outdoor World; Protruding Fence Was an Open and Obvious Condition