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  • St. Joseph's Hospital of Atlanta, Inc. v. Gardner Sewell Hall et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Stephen Sparwath (Owen, Gleaton, Egan, Jones & Sweeny, LLP), Atlanta, for appellant.
    for defendant: Richard Mitchell, Patrick O'Connor (Mitchell & Shapiro LLP), Atlanta, for appellee.
    Case Number: A17A0824

    The trial court erred in denying hospital's motion to dismiss plaintiff's slip and fall suit arising after he fell on black ice in the parking lot, because there were no questions of fact remaining as to whether the hospital had superior knowledge of the patch of black ice on which plaintiff fell or whether its remedial efforts to clear the parking deck of snow and ice contributed to the icy conditions.

  • Six Flags Over Georgia II, LP et al. v. Martin; and vice versa

    Publication Date: 2017-11-01
    Practice Area: Business Torts | Damages
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Laurie Daniel (Holland & Knight), Atlanta; Vernon Strickland (Wargo & French LLP), Atlanta; Charles McDaniel (Carlock, Copeland & Stair, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Leland Kynes (Kynes Law, LLC), Atlanta; Mellori Lumpkin, Atlanta, for appellant.
    for defendant: Andrew Rogers, Gilbert Deitch (Deitch & Rogers, LLC), Atlanta; Timothy Peagler (Law Offices of Michael Lawson Neff, P.C.), Atlanta; Naveen Ramachandrappa, Michael Terry (Bondurant, Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A0828

    Amusement park was liable to plaintiff for injuries he sustained after gang members viciously attacked him at a bus stop outside the park, even though plaintiff suffered his injuries beyond park's premises and approaches, but the Court of Appeals erred in ruling that the case had to be retried in its entirety due to an apportionment error, because liability and the calculation of damages sustained were distinct from the apportionment of fault and the apportionment error required retrial only for the apportionment of damages.