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  • Arbor Management Services, LLC v. Hendrix et al.

    Publication Date: 2022-07-19
    Practice Area: Personal Injury | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Thomas Graham, Erin Coia, (Hall Booth Smith, PC), Atlanta, Teresa Tomlinson, (Hall Booth Smith, PC), Columbus, for appellant.
    for defendant: William Atkins, Roderick Edmond, Keith Lindsay, (Edmond, Lindsay & Hoffler. LLP), Atlanta, for appellee; Bryan Lutz, (Alston & Bird, LLP), Atlanta, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, for AM.
    Case Number: A22A0068

    Court reverses denial of motion to dismiss a complaint for negligence over a COVID-related death because plaintiff's conduct did not rise to a level of gross negligence

  • Progressive Mountain Insurance Company v. Butler

    Publication Date: 2022-07-19
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Kevin Shires, (Shires, Peake & Gottlieb, LLC), Alpharetta, for appellant.
    for defendant: Caleb Avraham, (The Law Offices of Caleb Avraham LLC), Atlanta, for appellee.
    Case Number: A22A0322

    Court reverses denial of a motion to enforce a settlement agreement in a car accident personal injury case, finding that the parties had reached an enforceable agreement

  • Domingue et al. v. Ford Motor Company

    Publication Date: 2022-07-19
    Practice Area: Evidence | Personal Injury | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Craig A. Webster, (Webster Law Group, Inc.), Tifton, for appellant.
    for defendant: Michael Roger Boorman, Philip Andrew Henderson, Evan E. Smith, IV, (Watson Spence LLP), Atlanta, Paul Frederich Malek, Donald Thomas, (Huie, Fernambucq & Stewart, LLP), Birmingham, Michael W. Eady, (Thompson Coe Cousins & Irons, LLP), Austin, Brian Charles Lea, (Jones Day), Atlanta, for appellee; Robert Henry Snyder, Jr., Rory A. Weeks, (Canella Snyder LLC), Decatur, Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Gainesville, Alyssa Bernadette Baskam, (Beasley, Allen, Crow, Methvin, Portis & Miles, PC.), Atlanta, for Amicus Appellant; Richard B. North, Jr., Alex G. Pisciarino, (Nelson Mullins Rilet & Scarborough LLP), Atlanta, Jonathan R. Friedman, Gary J. Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for Amicus Appellee.
    Case Number: S22Q0279

    Georgia's Seatbelt Statute Did Not Preclude Vehicle Manufacturer From Presenting Evidence of Seatbelt as Part of Restraint System

  • Hart v. Phung et al.

    Publication Date: 2022-07-15
    Practice Area: Expert Witnesses | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Alexander Hait, (Hait Law Offices), Woodstock, Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Wayne McGrew, Andrew Bagley, (McGrew Miller Bomar & Bagley LLC), Atlanta, Kimberly Stevens, (Attorney at Alw), Atlanta, Jeffrey Adams, (Hawkins Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A22A0528

    Court affirms order excluding expert testimony outside of expert's area of expertise in a car accident case, and reverses summary judgment award due to questions of fact

  • Scott v. Smith-Denton

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Samantha Mandell, Rachel Sullivan, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: Franklin Evans, (Franklin Evans Law Firm), Chestnut Mountain, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, David Dorer, (Dozier Law Firm, LLC), Macon, Jonathan Broderick, Suzette Broderick, (Broderick Law Group), Norcross, for appellee.
    Case Number: A22A0486

    Court reverses award of default judgement where defendant had not been properly served and substitute affidavit of service was not acceptable

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Bennett v. Novas

    Publication Date: 2022-07-13
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Harrison, Amanda Newquist, (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: Dustin Davies, (Hasty Pope LLP), Gainesville, Jonathan Pope, (Hasty Pope LLP), Canton, for appellee.
    Case Number: A22A0361

    Court affirms denial of a motion to enforce a settlement in a car accident personal injury case where settlement offer was not accepted unconditionally

  • Gilbert v. Freeland

    Publication Date: 2022-07-06
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Laura Bailey, (The Mabra Firm, LLC), Atlanta, for appellant.
    for defendant: Tamara Baines, (Attorney at Law), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, for appellee.
    Case Number: A22A0270

    Court reverses summary judgment order that had been in favor of defendant in an auto collision case, finding that act-of-God defense was not supported by the facts

  • Fairview Park, Limited Partnership et al. v. Roddenberry

    Publication Date: 2022-07-05
    Practice Area: Personal Injury | Premises Liability | Real Estate
    Industry: Health Care | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Huestis, (Blasingame Burch Garrard & Ashley), Athens, for appellant.
    for defendant: John Dozier, (Dozier Law Firm, LLC), Macon, for appellee.
    Case Number: A22A0821

    Trial Court Erred in Conflating Duty of Care Owed by Owner/Occupier of Premises With Duty Owed by Independent Contractor

  • Barefoot v. Denson

    Publication Date: 2022-06-23
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Lester Dozier, (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: William Handberry, David Cromer, (James Bates Brannan Groover, LLP), Macon, for appellee.
    Case Number: A22A0139

    Court affirms jury verdict for defendant in a car accident personal injury lawsuit because plaintiff assumed the risk and was more negligent than plaintiff

  • Lavan v. Cannon Farms, Inc.

    Publication Date: 2022-06-21
    Practice Area: Personal Injury
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dewey Hayes, (Dewey N. Hayes, Jr., P.C.), Douglas, Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellant.
    for defendant: John Spurlin, (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A22A0572

    Court reverses summary judgment order for defendant in a personal injury matter, finding that genuine issues of material fact precluded summary judgment