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  • Cham et al. v. ECI Management Corporation et al.

    Publication Date: 2019-12-10
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: R. Campbell, Daniel Beer, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: John Hall, Jeffery Saxby, (Hall Booth Smith, PC), Atlanta, for appellee.
    Case Number: A19A1336

    Court reverses jury verdict due to trial court's error in granting a jury charge on assumption of risk in a negligence and wrongful death action

  • Handberry et al. v. Manning Forestry Services, LLC

    Publication Date: 2019-12-10
    Practice Area: Personal Injury | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellee.
    Case Number: A19A1321

    Circumstantial evidence was insufficient to create an issue of fact as to knowledge of the existence of an open well in a survivor's negligence action against a contractor

  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2019-12-04
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Bruce Millar, (The Millar Law Firm), Jonesboro, James Sullivan, (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray, (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    Court affirms summary judgment in favor of landlord, who had no liability for injuries caused by a tenant's dog.

  • Langley v. MP Spring Lake, LLC

    Publication Date: 2019-11-18
    Practice Area: Contractual Disputes | Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Matthew Gebhardt, (Gebhardt Law Firm), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Sun S. Choy, Jacob Edward Daly, Wes C. Jackson, (Freeman Mathis & Gary, LLP), Valdosta, for appellee. Dana J. Norman, Thomas Charles Blaska, Thomas C. Blaska, (The Blaska Law Firm), Atlanta, Laura Wilson Speed, (Speed & King LLC), Atlanta, John David Hadden, (The Hadden Law Firm, LLC), Atlanta, Caleb Frank Walker, (Katherine L. McArthur, LLC), Macon, Janise L. Miller, Atlanta, Kenneth M. Sissel, Lilburn, Alan B. Gordon, Lilburn, Eugene C. Brooks, IV, (Brooks Law Office), Savannah, Cole Thaler, Crystal Angelique Redd, (Atlanta Volunteer Lawyers Foundation), Atlanta,, for Amicus Appellant. Mark W. Wortham, Austin Atkinson, (Hall Booth Smith PC), Atlanta, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, Hall F. McKinley, III, (Drew, Eckl & Farnham, LLP), Atlanta, Martin Adam Levinson, (Hawkins Parnell Thackston & Young LLP), Atlanta, Garret Warrington Meader, (Drew Eckl & Farnham LLP), Brunswick, James Miachaell Williams, (Fowler Hein Passino Cheatwood & Williams, LLP), Atlanta, John J. McDermott, (National Apartment Association), Arlington, for Amicus Appellee. Kevin Patrick Branch, Zach M. Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, for other party.
    Case Number: S18G1326

    Limitations provision in lease agreement applies only to contractual actions arising under the lease and not to tort claims

  • Scott et al. v. Forest Acres Full Gospel Church et al.

    Publication Date: 2019-11-01
    Practice Area: Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (Whitehurst Blackburn & Warren), Thomasville, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, Valerie Pinkett, (Guideone Insurance), Des Moines, Kyle Swann, (Whelchel & Carlton, LLP), Thomasville, for appellee.
    Case Number: A19A1053

    Summary judgment for owner of building affirmed where injured plaintiff had equal knowledge of dangers and assumed all risks

  • Wilkinson et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2019-10-15
    Practice Area: Personal Injury | Premises Liability
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joyce Bergman, (Attorney at Law, P.C.), Fairburn, for appellant.
    for defendant: Lee Gillis, (James-Bates-Brannan-Groover-LLP), Macon, for appellee. Paul Buchanan, Ellenwood, for other party.
    Case Number: A19A1447

    Court reverses summary judgment order and determines that coverage for injuries was not excluded by language in a homeowner's insurance policy.

  • Hill v. MM Gas & Food Mart, Inc.

    Publication Date: 2019-09-26
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Dorer, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: Richard Foster, Elizabeth Bentley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellee.
    Case Number: A19A1606

    Court affirms summary judgment for store owner on Plaintiff's negligence and premises liability claims regarding injury from a stray bullet

  • Bailey v. Georgia World Congress Center et al.

    Publication Date: 2019-09-06
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jennifer Watts (Attorney at Law), Decatur, for appellant.
    for defendant: Kathleen Turnipseed, (GA Department of Law), Atlanta, for appellee.
    Case Number: A19A1159

    Court Affirms Dismissal of Claims by Fan Injured at NFL Game at Georgia Dome Who Failed to Give Notice of the Nature and Extent of the Injuries that Gave Rise to Her Claims to State Agency that Operated Georgia Dome at the Time of Injury

  • Rautenberg v. Pope et al.

    Publication Date: 2019-08-30
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Real Estate | Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A19A0723

    Evidence of Property Owner's Knowledge of Prior Criminal Activity Precluded Summary Judgment Based on Intervening Act

  • Stelly v. WSE Property Management, LLC

    Publication Date: 2019-08-05
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Blaska, Dana Norman, Thomas Blaska, (The Blaska Law Firm, LLC), Atlanta, for appellant.
    for defendant: Robert Shannon, (Wheeler Trigg O'Donnell LLP), Atlanta, Theresa Benz, Jacob Rey, (Wheeler Trigg O'Donnell LLP), Denver, for appellee.
    Case Number: A19A0248

    Court reverses summary judgment in a slip-and-fall action due to outstanding issues of material fact