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  • Empire South Realty Advisors, LLC et al. v. Younan

    Publication Date: 2023-02-17
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Darrell Thaw, Andrew Ruberti, (Connell, Thaw & Ruberti, LLC), St. Simons Island, for appellant.
    for defendant: Adam Craft, (McGee & Craft PC), Waycross, for appellee.
    Case Number: A22A1256

    Court affirms dismissal of libel claim, which was an unactionable statement of opinion, but reverses dismissal of claims for slander, emotional distress, and defamation

  • Simmons v. Bates et al.

    Publication Date: 2023-02-07
    Practice Area: Contracts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: James Hardee, (Fain, Major, Wiley & Brennan), Atlanta, Robert Harrison, Jackson Griner, (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, John Nichols, (Gwinnett District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A22A1460

    Court affirms denial of a motion to enforce a settlement agreement in a car accident case because the settlement offer had not been accepted by all parties

  • Royal v. State Farm Mutual Automobile Insurance Company

    Publication Date: 2023-01-09
    Practice Area: Insurance Law | Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Neville, (Callaway, Neville & Brinson), Claxton, for appellant.
    for defendant: Bryan Forsyth, Mark Maholick, (Hall Booth Smith, PC), Columbus, Timothy Bishop, (Hall Booth Smith, PC), Brunswick, for appellee; Michael Memberg, (Attorney at Law), Atlanta, John Stunda, (Hiccox Robertson & Stunda LLC), Alpharetta, Julayaun Waters, (Attorney at Law), Pooler, for other party.
    Case Number: A22A1186

    Court affirms summary judgment for an insurer, concluding that no uninsured motorist benefits were due to a driver that was not listed as an insured party in the policies

  • Metropolitan Atlanta Rapid Transit Authority v. Brown

    Publication Date: 2022-12-29
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Janki Patel, (Metropolitan Atlanta Rapid Transit Authority), Atlanta, for appellant.
    for defendant: Bret Moore, (Poole Huffman, LLC), Tucker, Jeffrey Jonap, (Jonap & Associates, P.C.), Atlanta, for appellee.
    Case Number: A22A1470

    Court reverses denial of Transit Authority's summary judgment motion in a negligence action filed by a passenger that fell when a train departed from a station

  • Ramos v. Owens

    Publication Date: 2022-12-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Harry Daniels, (Law offices of Harry M. Daniels, LLC), Atlanta, for appellant.
    for defendant: Mark Adelman, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1409

    Court affirms dismissal of inmate's negligence complaint against a county sheriff because of failure to establish waiver of sovereign immunity

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  • Farid et al. v. Gaskell et al.

    Publication Date: 2022-12-01
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jacque Hawk, (The Hawk Firm), Augusta, for appellant.
    for defendant: Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, Daniel Kingsley, (Attorney at Law), Atlanta, Alexander McDonald, (Swift, Currie, McGhee and Hiers, LLP), Atlanta, for appellee.
    Case Number: A22A0899

    Court affirms summary judgment in favor of an uninsured motorist insurance carrier because injured party failed to exhaust remedies against other insurers

  • Giddens v. Metropower, Inc.

    Publication Date: 2022-12-01
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Laura Maki, (Attorney at Law), Atlanta, for appellant.
    for defendant: Thomas Sippel, Mark Edwards, (McAngus, Goudelock & Courie, LLC), Atlanta, for appellee.
    Case Number: A22A0923

    Court reverses summary judgment for a defendant where defendant did not conclusively show that injured plaintiff assumed risk of or contributed to his injuries

  • Stankovich v. Axis Insurance Company

    Publication Date: 2022-11-29
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherman Moody, (Attorney at Law), Perry, Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant.
    for defendant: Duane Cochenour, (Attorney at Law), Atlanta, Nneka Egwuatu, (Clyde & Co US, LLP), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee; Travis Meyer, Morgan Allyn, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A22A0840

    Court affirms summary judgment in favor of an underinsured motorist insurance carrier where injured party was not using an insured vehicle when she was injured

  • Rogers, as administrator of the Estate of Sonny Rogers v. HHRM Self-Perform, LLC et al.

    Publication Date: 2022-11-29
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Christopher Byrd, David Dial, Claire Murray, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, for appellee.
    Case Number: A22A0681

    Court affirms summary judgment in favor of a joint venture and its individual members on a deceased worker's negligence claims

  • Siegrist v. Herhold

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Hugh Rowling, Lauren Bruce, Elizabeth Monyak, (Sr. Associate County Attorney Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Douglas Dumont, (The Ausband Firm), Stockbridge, for appellee.
    Case Number: A22A0650

    Court affirms denial of a motion to dismiss a negligence action based on official immunity, and agrees that a county official was acting in a discretionary capacity