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  • Curmode v. Alsbrooks et al.

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Stacy Crittenden, Marietta, for appellant.
    for defendant: Leslie Eason, (Gordon & Rees, LLP), Atlanta, for appellee.
    Case Number: A22A0801

    Court affirms dismissal of a negligence lawsuit against a massage therapist, finding that an exculpatory clause barring that lawsuit is not against Georgia public policy

  • City of Roswell v. Hernandez-Flores

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, Kyle Koester, (Attorney at Law), Woodstock, for appellee.
    Case Number: A22A0985

    Court reverses denial of a City's motion for summary judgment in a personal injury case, finding that the City had not waived its sovereign immunity defense

  • Morris v. Real Estate Expert Advisors, LLC et al.

    Publication Date: 2022-11-22
    Practice Area: Business Torts | Civil Procedure | Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, Laurie Daniel, Atlanta, Adam Joffe, (Attorney at Law), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, Paul Spann, (Goodman McGuffey LLP), Atlanta, for appellee; Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for other party.
    Case Number: A22A1116

    Trial Court Erred in Granting Summary Judgment Sua Sponte on Issue Not Raised by Moving Party

  • Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.
    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

  • Children's World Learning Center v. Carter et al.

    Publication Date: 2022-11-09
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Gailya McElroy, (Attorney at Law), Austell, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellant.
    for defendant: Francis Morris, (Morris Law Firm), Tifton, for appellee.
    Case Number: A22A0934

    Parent of Child Injured on Daycare Playground Offered no Evidence to Support Allegation of Breach of Duty of Care

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • R. H. v. Wagner et al.

    Publication Date: 2022-11-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Michael Rafi, Christopher Stokes, (Rafi Law Firm, LLC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Brandon Moulard, MaryGrace Kittrell, (Parker Poe Adams & Bernstein LLP), Atlanta, for appellee.
    Case Number: A22A0658

    Court affirms summary judgment in favor of school administrators on the basis of official immunity in a negligence case because their actions were discretionary

  • Federal Express Corporation et al. v. Denney

    Publication Date: 2022-11-03
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, William Holley, Anne Baroody, (Parker, Hudson, Rainer & Dobbs LLP), Atlanta, Michael Sansbury, (Spotswood Sansom & Sansbury, LLC), Birmingham, for appellant.
    for defendant: Dustin Brown, (Crawford & Brown Law Firm LLP), Columbus, Jefferson Callier, (The Callier Firm), Columbus, John Clark, Michael Smith, Richard Sizemore, (Clark & Smith Law Firm, LLC), Macon, Jason Crawford, (Crawford & Brown Law Firm LLP), Columbus, for appellee.
    Case Number: A22A0763

    Trial court erred when it set aside a default judgment as to only one of three defendants in a vehicle accident case where judgment was unapportioned

  • Anderson v. Jones

    Publication Date: 2022-10-26
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Patricia B. Justin Jones, (Justin T. Jones, PC), Savannah, for appellee.
    Case Number: A22A0812

    Court reverses denial of a motion to enforce a settlement agreement in an auto accident case, finding that the plaintiff's acceptance requirements were improper

  • City of Sandersville v. Usry et al.

    Publication Date: 2022-10-20
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Price, Kyle Waddell, (Fulcher Hagler, LLP), Augusta, for appellant.
    for defendant: Robert Sullivan, (Sullivan Law Firm, P. C.), Statesboro, for appellee.
    Case Number: A22A0768

    No Genuine Issue of Material Fact as to Whether City Garbage Truck's Hazard Lights Were Flashing at Time of Collision

  • Lee v. Smith

    Publication Date: 2022-10-18
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Atkinson, Bradley Wolff, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Matthew Alford, Nathan Cronic, (Willis McKenzie LLP), LaGrange, for appellee.
    Case Number: A22A1023

    Court affirms exclusion of late-identified rebuttal witness in a car accident and injury case, and dismisses as moot a defendant's challenge to a cash bond requirement