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  • 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

  • Screven County v. Sandlin

    Publication Date: 2022-05-26
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Richard Strickland, Sean Scally, (Brown, Readdick, Bumgartner, Carter, Strickland, and Watkins), Brunswick, for appellant.
    for defendant: Bradley Hannan, James Smith, (Smith, Hannan & Parker, P.C.), Valdosta, for appellee.
    Case Number: A22A0186

    Court reverses denial of summary judgment motion in a personal injury action because evidence showed that the underlying accident was caused by an act of God

  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2022-05-24
    Practice Area: Civil Procedure | Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, Jaletta Smith, (Andersen, Tate, Carr), Duluth, for appellee.
    Case Number: A21A1444

    Court vacates dismissal order and remands case because the trial court erred by failing to consider whether an individual was the foreign defendant's appointed agent

  • Law Journal Press | Digital Book

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

    Authors: Michael D. Malfitano

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  • Paradise Entertainment Group, Inc. et al. v. Favors

    Publication Date: 2022-05-03
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Gary Freed, Thomas Grant, (Freed Grant LLC), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, Robert Kenner, (Law Offices of Robert Kenner, Jr.), Stone Mountain, Brynda Insley, (Taylor English Duma LLP), Atlanta, Mecca Anderson, Samuel Starks, Shean Williams, (The Cochran Firm – Atlanta), Atlanta, Darren Summerville, Meredith Kincaid, (The Summerville Firm, LLC), Atlanta, Peter Brogdon, (Morgan & Morgan), Atlanta, for appellee.
    Case Number: A22A0612

    Court reverses denial of summary judgment to defendants in a personal injury case where plaintiff's injuries were not caused by defendant's actions

  • Star Residential, LLC et al. v. Hernandez

    Publication Date: 2022-04-22
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Willie Ellis, Warner Fox, Elliott Ream, (Hawkins Parnell Thackston & Young, LLP), Atlanta, for appellant.
    for defendant: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, Warren Smith, William Smith, (W.Calvin Smith, II, P.C.), Atlanta, for appellee; Jacob Daly, (Freeman, Mathis & Gary, LLP), Atlanta for AM.
    Case Number: A19A2267

    An injured party does not have a private cause of action for nuisance against an apartment complex under the Georgia Street Gang terrorism Prevention Act.

  • Luckett v. Sparkles of Gwinnett, Inc. et al.

    Publication Date: 2022-04-22
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Kurt Kastorf, (Kastorf Law), Atlanta, Joseph Wilson, (Joseph Wilson Injury Lawyers), Dunwoody, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.
    Case Number: A22A0397

    Genuine Issue of Material Fact Presented As to Whether Skating Rink Operator Had Actual Knowledge of Wet Floor

  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2022-04-14
    Practice Area: Business Torts | Personal Injury
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Naveen Ramachandrappa, Michael Brian Terry, Amanda Kay Seals, (Bondurant, Mixson & Elmore, LLP), Atlanta, Michael Lawson Neff, Darryl Dwayne Adams, Susan Mary Cremer, Timothy Shane Peagler, (The Law Offices of Michael Lawson Neff, P.C.), Atlanta, Todd Robert Henningsen, (Henningsen Injury Attorneys, P.C.), Atlanta, for appellant.
    for defendant: Lori G. Cohen, Sean Patrick Jessee, Andrew Zachery Ryan Smith, (Greenberg Traurig, LLP), Atlanta, Jonathan Hugh Blavin , Anne K. Conley , John Blackston Major Pope, (Munger, Tolles & Olson, LLP), Los Angeles, Anne Dodson Gower, (Gower Wooten & Darneille LLC), Atlanta, Robert David Johnson, (Johnson & Alday, LLC), Marietta, for appellee; Brian DeVoe Rogers, (Rogers & Fite, LLC), Atlanta, Lyle Griffin Warshauer, (Warshauer Law Group, PC), Atlanta, Paul Isaac Hotchkiss, (Hotchkiss Law Firm LLC), Atlanta, Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Gainesville, Nkosi John Bey, (Bey And Associates, LLC), Atlanta, Andrew Steven Ashby, (The Ashby Firm), Marietta, for Amicus Appellant; W. Ray Persons, (King & Spalding LLP), Atlanta, Michael L. Eber, (Smith, Gambrell & Russell, LLP), Atlanta, for Amicus Appellee.
    Case Number: S21G0555

    Manufacturer's Duty of Care Extended to Selecting From Alternative Product Designs in Light of Foreseeable Risks of Harm

  • Ligon v. Hu

    Publication Date: 2022-04-11
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Michael Wilensky, (Michael S. Wilensky LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Jane Vincent, (Attorney at Law), Atlanta, for appellant.
    for defendant: Laurie Daniel, John Hall, (Holland & Knight), Atlanta, Matthew Friedlander, Paul Trainor, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A21A1296

    Court reverses order granting a motion to enforce a settlement in a personal injury matter because acceptance of the settlement did not comply with the offer's terms