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  • Somani et al. v. Cannon et al.

    Publication Date: 2022-04-28
    Practice Area: Civil Procedure | Trusts and Estates | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Blair, Austin Hammock, (Levy Sibley Foreman & Spier LLC), Columbus, for appellant.
    for defendant: Stephen Carter, Kimberly Higginbotham, (The Gordon Law Firm, Attorneys at Law, LLC), Hartwell, for appellee.
    Case Number: A22A0536

    Minor's Wrongful Death Claims Were Not Time-Barred Following Earlier Law Suits

  • Northeast Georgia Medical Center, Inc. et al. v. Metcalf et al.

    Publication Date: 2022-04-21
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Michael Bailey, Randolph Powell, Lindsey Costakos, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Kenneth Lewis, (Lewis & Murphy, LLP), Winder, for appellee.
    Case Number: A22A0149

    Court vacates $3 million jury verdict in a wrongful death medical malpractice action because plaintiffs did not have standing to bring a wrongful death action

  • Summerour et al. v. City of Monroe et al.

    Publication Date: 2022-04-12
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Washington, for appellant.
    for defendant: Sara Brochstein, Dana Maine, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A1561

    Court affirms dismissal on the pleadings of wrongful death action on grounds of sovereign immunity. but vacates and remands as to official immunity

  • Williams v. City of Tybee Island

    Publication Date: 2022-03-18
    Practice Area: Government | Personal Injury | Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Phillips, (Phillips & Carson), Savannah, Jonathan Phillips, (Chatham County Office of the District Attorney), Savannah, for appellant.
    for defendant: Edward Hughes, (Callaway, Braun, Riddle & Hughes, PC), Savannah, Benjamin Perkins, Brian Griffin, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A1780

    Teenager Assumed Risk of Drowning by Going Into Ocean at Public Beach

  • Connell et al. v. Hamon, As Surviving Child of James Isaac Dickens, Jr., Deceased

    Publication Date: 2021-11-16
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, for appellant.
    for defendant: Robert Howell, (Attorney at Law), Moultrie, Charles Cork, (Attorney at Law), Decatur, Atlanta, for appellee.
    Case Number: A21A0925

    Court reverses denial of defendant's motion on the pleadings in a wrongful death case where plaintiff had no standing to bring a wrongful death claim

  • 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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  • Smith et al. v. City of Roswell et al.

    Publication Date: 2021-11-11
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, Patrick Hannon, (Hall & Lampros LLP), Atlanta, Peter Lampros, (Attorney at Law), Atlanta, Hilliard Castilla, Matthew Hurst, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Detriss Thomas, Patrick O'Connor, Patrise Perkins-Hooker, Denval Stewart, Joey Logan-Pugh, (Fulton County Office of the County Attorney), Atlanta, Emily Hirst, (Georgia Municipal Association), Atlanta, Jacquelyn Smith, (Attorney at Law), Alpharetta, Matthew Moffett, Marie Wilcox, Jordan Raymond, (Gray Rust St Amand Moffett & Brieske LLP), Atlanta, Jennifer Nichols, Maren Cave, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Charles Medlin, (Bovis, Kyle & Burch, LLC), Atlanta, Winfield Pollidore, (Attorney at Law), Atlanta, for appellee.
    Case Number: A21A0789

    Court affirms denial of motion to consolidate absent defendants' consent, and affirms dismissal of claims against a City on grounds of sovereign immunity.

  • UHS of Peachford v. Brady

    Publication Date: 2021-10-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Hostetter, Molly McCall, (Nall & Miller, LLP), Atlanta, for appellant.
    for defendant: Melissa Peavy, (Melissa M Clyatt Associates PC), Destin, for appellee; Peter Fischer, (Georgia Department of Law), Atlanta, Amy Hoffman, Thomas Lavender, (FisherBroyles, LLP), Atlanta, Rolfe Martin, (Copeland, Stair, Kingma & Lovell, LLP), Atlanta, Alphonso Howell, Gregory Talley, Kayla Barnes, (Coleman Talley LLP), Valdosta, Stephanie Vari, (Peters & Monyak, LLP), Atlanta, for other party.
    Case Number: A21A0819

    Court reverses trial court and grants Hospital's motion to dismiss a wrongful death action where plaintiff failed to effect due diligence to serve her complaint

  • Lowe et al. v. Etheridge, As Natural Parent of Next of Kin Clinton Giddens et al.

    Publication Date: 2021-09-20
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Ken Jarrard, Patrick Dodson, (Jarrard & Davis, LLP), Cumming, for appellant.
    for defendant: Ashley Mackin, (Ashley Tyson Mackin PC), Gray, Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.
    Case Number: A21A0761

    Court reverses denial of county employees' motion for summary judgment in a wrongful death case, finding that employees were entitled to a sovereign immunity defense

  • Hall et al. v. Hill

    Publication Date: 2021-08-06
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, for appellant.
    for defendant: Thomas Willingham, (Law Offices of Thomas P. Willingham PC), Birmingham, William Norwood, (Pope McGlamry Kilpatrick Morrison & Norwood P.C.), Atlanta, Yehuda Smolar, (Yes Law Group, LLC), Atlanta, for appellee; John Smith, William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, Richard Hines, (Nelson Mullins Riley & Scarborough), Atlanta for other party.
    Case Number: A21A0111

    Court affirms majority of orders addressing procedure regarding estate conservator's exclusive right to represent minor children in a wrongful death action

  • General Motors LLC v. Buchanan et al.

    Publication Date: 2021-06-02
    Practice Area: Diversity | Wrongful Death
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Laurie Daniel, Jonathan Spital, (Holland & Knight), Atlanta, Charles Marsh, (Swift, Currie, McGhee & Hiers), Atlanta, Brian Kappel, Michael Bell, Rachel Lary, Christopyer Yearout, (Lightfoot, Franklin & White, LLC), Birmingham, Myrece Johnson, (Attorney at Law), Atlanta, Richard North, Richard North, (Nelson, Mullins, Riley & Scarborough), Atlanta, for appellant.
    for defendant: Patrick Dawson, (Attorney at Law), Marietta, Lance Cooper, (The Cooper Firm), Marietta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee. Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, William Custer, (Bryan Cave Leighton Paisner LLP), Atlanta, Christopher Glover, (Beasley Allen Crow Methvin Portis Miles), Montgomery, Darren Penn, (Penn Law LLC), Atlanta, for Amicus Appellant.
    Case Number: A21A0043

    Court affirms denial of a protective order that sought to preclude a deposition of GM's CEO and declines to adopt the apex doctrine in Georgia