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  • Roberts et al. v. Quick Rx Drugs, Inc.

    Publication Date: 2017-11-30
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0736

    The trial court properly granted partial summary judgment to pharmacy in plaintiffs' suit for professional negligence/malpractice and punitive damages after the pharmacy gave the plaintiff the wrong medication, allegedly resulting in a fall.

  • Malak v. Unifund CCR, LLC

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Mohamad Malak, Athens, for appellant.
    for defendant: Brannon Carson (Roosen, Varchetti & Olivier PLLC), Atlanta; David Fife (Attorney at Law), Atlanta; Mark Moore (Lazega & Johanson, LLC), Atlanta, for appellee.
    Case Number: A17A0748

    In entering judgment against debtor in a suit on a credit card account, the trial court relied on inadmissible evidence and the wrong legal standard; accordingly, the Court remanded the case for the trial court to issue a new order on the bench trial based on properly admitted evidence.

  • Newstrom et al. v. Auto-Owners Insurance Company

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0954

    The trial court properly granted insurer's motion for summary judgment in insureds' declaratory judgment action in connection with their uninsured/underinsured motorist claim because, under Georgia law, a claimant who settles with a tortfeasor must execute a limited release pursuant to O.C.G.A. § 33-24-41.1 in order to preserve the claimants pending claim for UM motorist benefits against his or her own insurance carrier and here the claimant executed a general release of her claims against the other driver in the accident.

  • Moore et al. v. Jackson

    Publication Date: 2017-11-27
    Practice Area: Civil Procedure | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A16A1900

    The trial court properly affirmed a jury's verdict in favor of petitioner in his action to quiet title to certain property and properly denied defendants' motion for new trial because there was some evidence upon which the jury could rely in forming their verdict and any error in the trial court's initial decision to exclude certain evidence was harmless since the court eventually allowed admission of that evidence.

  • HH&L Electric, Inc. v. Hebbard Electric, Inc.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Contracts | Evidence
    Industry: Construction
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Long (Tucker, Everitt, Long, Brewton & Lanier), Augusta, for appellant.
    for defendant: Joseph Staak (Smith, Currie & Hancock), Atlanta, for appellee.
    Case Number: A17A0957

    The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Smith v. Found et al.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Agriculture
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta; William Purvis (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellant.
    for defendant: James King (Hudson King), Tifton; Joseph Hudson (Sims, Fleming, Hudson & Crosby), Tifton, for appellee.
    Case Number: A17A1312

    Defendant was entitled to summary judgment in plaintiff's negligence action arising after her husband, a farm employee, died when he was pinned under a tractor tire while trying to remove it by himself, because the employee assumed the risk of injury as a matter of law and had equal or greater knowledge of the hazardous condition.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.
    Case Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

  • Emanuel, et al. v. Kautz

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
    for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee. Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.
    Case Number: A17A1284

    The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.

  • Graham v. Reynolds et al

    Publication Date: 2017-11-17
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
    Case Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • Kelly v. Fann

    Publication Date: 2017-11-16
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Michael Hill (Dozier Law Firm, LLC), Macon, for appellant.
    for defendant: John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Christopher Rodd (Whitehurst Blackburn & Warren), Thomasville, for appellee. Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta; Elissa Haynes (Goodman McGuffey LLP), Atlanta, for other party.
    Case Number: A17A1328

    The trial court properly granted defendant's motion for summary judgment in plaintiff's personal injury suit alleging that defendant failed to keep a proper lookout for potential hazards when she hit a loose bull in the highway and then hit plaintiff's vehicle, because there was no evidence of how the collision with the bull occurred so there was no evidence of anything defendant could have done to avoid the collision.