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  • Wellstar Kennestone Hospital v. Roman

    Publication Date: 2018-02-28
    Practice Area: Civil Procedure | Damages | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Daniel Moriarty (Green Sapp & Moriarty LLP), Atlanta, for appellant.
    for defendant: Jonathan Adelman, Ashley Rice (Waldon Adelman Castilla Hiestand & Prout), Atlanta; William Baker (Worsham, Corsi, Scott, Knighten & Dobur), Atlanta, for appellee. Adam Long (Burrow & Associates LLC), Darrell Burrow (Attorney at Law), Duluth; Georgia Defense Lawyers Association ("GDLA"), Atlanta; Martin Levinson, William Martin (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party. Matt Nasrallah (Robertson, Bodoh & Nasrallah, LLP), Marietta, for amicus curiae.
    Case Number: A17A1497

    The trial court did not abuse its discretion in denying non-party hospital's motion to modify a subpoena in a lawsuit arising out of an automobile collision.

  • Weinstein v. Holmes et al.

    Publication Date: 2018-02-28
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laura Barron (Dickinson & Associates), Woodstock; Curtis Dickinson (Attorney at Law), Woodstock, for appellant.
    for defendant: Christina Sears (Dodson & Associates), Alpharetta, for appellee.
    Case Number: A17A1526

    The trial court erred in granting partial summary judgment to defendants in a negligence action arising after defendants' dogs allegedly attacked a dog plaintiff was walking, killing the dog and injuring plaintiff, as there was sufficient evidence for the issue of punitive damages to go to a jury.

  • 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.

  • Johnson Street Properties, LLC v. Clure; and vice versa.

    Publication Date: 2017-10-04
    Practice Area: Damages | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: William Randal Bryant, Wayne Stephen Tartline (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant. Christopher Shane Keith, Charles Benjamin Carmichael (Hawkins Parnell Thackston & Young LLP), Atlanta, for amicus appellant.
    for defendant: Edward Malcum Wynn III, James Nicholas Sadd (Slappey & Sadd LLC), Atlanta, for appellee.
    Case Number: S17A0811

    The trial court properly denied defendant's motion for summary judgment in plaintiff's negligence action arising out of injuries she sustained after being struck by a tree limb while on defendant's property because genuine issues of material fact remained but erred in granting partial summary judgment to plaintiff on defendant's apportionment claim.