• Metropolitan Atlanta Rapid Transit Authority v. Buho et al.

    Publication Date: 2020-02-07
    Practice Area: Civil Procedure | Personal Injury | Tax
    Industry: State and Local Government | Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Vincent Hyman, (Attorney at Law), Atlanta, for appellant.
    for defendant: Eric Jensen, (Jensen Law, LLC), Atlanta, for appellee.

    Case Number: A19A2396

    MARTA Act mandated that Joint-Tortfeasor Personal Injury Suit Against MARTA be Heard by Fulton County Superior Court

  • Head v. De Souse

    Publication Date: 2020-01-06
    Practice Area: Damages | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Bryant, Wayne Tartline, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, appellant.
    for defendant: William Smith, Brent McIntosh, Summit Tucker, (W. Calvin Smith, II, PC), Atlanta, for appellee.

    Case Number: A19A2284

    Bright Sunlight in Motorist's Face Did Not Support Act-of-God Defense to Vehicular Tort Claim

  • Avis Rent A Car System, LLC et al. v. Smith

    Publication Date: 2019-12-24
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: William Casey, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Brantley Rowlen, Victoria Waller, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Laurie Daniel, Matthew Friedlander, Atlanta, for appellant.
    for defendant: Michael St. Amand, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Darryl Adams, (Law Offices of Michael L. Neff), Atlanta, Naveen Ramachandrappa, Michael Terry, Amanda Seals, (Bondurant, Mixson & Elmore LLP), Atlanta, Michael Neff, (Attorney at Law), Atlanta, for appellee. George Welborn, (Downey, Cleveland, Parker & Williams), Marietta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, for other party. Brittany Wilson, (Shook, Hardy & Bacon), San Francisco, Andrew Trask, (Shook, Hardy & Bacon), Los Angeles, Mark Behrens, (Shook, Hardy & Bacon), Washington, for AM.

    Case Number: A19A1503

    Former Employee, Who Was Not Acting Under Color of Employment When He Committed Criminal Acts, Proximately Caused Plaintiff's Injuries

  • Shamblin et al. v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter Day Saints et al.

    Publication Date: 2019-12-23
    Practice Area: Personal Injury
    Industry: Non-Profit
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellant.
    for defendant: Michael, Scott McMickle, (McMickle, Kurey & Branch, L.L.P.), Alpharetta, Todd Hatcher, Joseph Shelley, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellee. Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Adam Smith, (Attorney at Law), Atlanta, Allen Broughton, (Broughton Law), Atlanta, for other party.

    Case Number: A19A1238

    Plaintiff's wrongful death claim was barred by charitable immunity, and her other claims were properly dismissed

  • Avis Rent A Car System, LLC et al. v. Johnson

    Publication Date: 2019-12-23
    Practice Area: Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: William Casey, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Brantley Rowlen, Victoria Waller, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, Robert Shannon, (Baker Donelson), Atlanta, for appellant.
    for defendant: Darryl Adams, (Law Offices of Michael L. Neff), Atlanta, Naveen Ramachandrappa, Michael Terry, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, Michael Neff, (Attorney at Law), Atlanta, for appellee. George Welborn, (Downey, Cleveland, Parker & Williams), Marietta, American Car Rental Association, Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, for other party. Brittany Wilson, (Shook, Hardy, & Bacon L.L.P.), San Francisco, Andrew Trask, (Shook, Hardy, & Bacon L.L.P.), Los Angeles, Mark Behrens, (Shook, Hardy, & Bacon L.L.P.), Washington, for AM.

    Case Number: A19A0928

    Car thief's criminal act was the intervening proximate cause of a party's injuries, and car rental company was not directly or vicariously liable for negligence

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    California Premises Liability Law

    Authors: Jayme C. Long

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  • In/Ex Systems, Inc. v. Masud et al.

    Publication Date: 2019-12-16
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta, William Strickland, (Temple, Strickland, Dinges & Schwartz), Atlanta, for appellant.
    for defendant: Andrew Rogers, (Deitch & Rogers, LLC), Atlanta, M. Baig, (The Baig Firm), Norcross, Joseph Cruser, Craig Terrett, (Cruser & Mitchell, LLP), Norcross, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Hammer, (Lueder Larkin & Hunter, LLC), Atlanta, Elissa Haynes, (Goodman McGuffey LLP), Atlanta, for other party.

    Case Number: A19A0805

    Defendant's employer is not vicariously liable for injuries caused by employee's actions when plaintiff failed to show employee's negligence.

  • Smith et al. v. Camarena et al.

    Publication Date: 2019-12-13
    Practice Area: Employment Litigation | Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Ralph Perales, (Perales & Fernandez, LLP), Atlanta, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
    for defendant: William Allred, William Barrickman, (Barrickman, Allred & Young, LLC), Atlanta, Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for appellee.

    Case Number: A19A1396

    Triable Issue of Fact As To Whether Employee Was Shot and Killed in Parking Lot During Course and Scope of Employment

  • Little et al. v. Jim-Lar Corporation et al.

    Publication Date: 2019-12-12
    Practice Area: Civil Procedure | Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Reginald Greene, (Greene Legal Group LLC), Atlanta, for appellant.
    for defendant: Brantley Rowlen, Robert Marcovitch, Kristin Roquemore, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.

    Case Number: A19A1169

    No Error in Trial Court's Determination That Plaintiff's Verified Interrogatory Responses Were Inadmissible Due to Her Incompetence

  • Zakas v. Jackson

    Publication Date: 2019-12-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Robert Luskin, Elissa Haynes, (Goodman, McGuffey, Lindsey & Johnson LLP), Atlanta, for appellant.
    for defendant: Kurt Kastorf, (Kastorf Law), Atlanta, Robert Coker, (Attorney at Law), Duluth, Makenzie McAllister, (Bross McAllister & Williams, LLC), Suwannee, for appellee.

    Case Number: A19A1263

    Defendant waived issue of whether trial court applied a proper legal standard in limiting expert testimony on cause of a plaintiff's injuries

  • Board of Trustees of Georgia Military College v. O'Donnell

    Publication Date: 2019-12-10
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Bunner, Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.

    Case Number: A19A1312

    State military college had sovereign immunity to tort claims brought by a student under the discretionary function exception to waiver of immunity