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  • First Communities Management, Inc. v. Tearria Byrd

    Publication Date: 2024-12-10
    Practice Area: Landlord Tenant Law | Wrongful Death
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Galloway, Ronald Masterson, Michael DiOrio, Brittany DeDiego, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Michael Rafi, Alan Stagmeier, Alexander Brown, (Rafi Law Firm LLC), Atlanta, for appellee; Austin Atkinson, Pearson Cunningham, (Hall Booth Smith), Atlanta, for AM.
    Case Number: A24A0937

    Court affirms that exculpatory clauses in leases purporting to waive landlord liability for third party criminal acts are void and unenforceable as against public policy

  • Simmons et al. v. Solo Cup Operating Corporation

    Publication Date: 2024-11-06
    Practice Area: Employment Compliance | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Daniel Beer, (SSMK Legal, LLC), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Joseph Minock, Nicole Bigman, (Sinton Scott Minock & Kerew), Atlanta, for appellant.
    for defendant: Carrie Christie, Carrie Christie, (Rutherford & Christie LLP), Atlanta, Mari Agasarkisian, Atlanta, for appellee; Frederick Ferrand, Lauren Meadows, (Swift Currie McGhee & Hiers), Atlanta, for other party.
    Case Number: A24A0623

    Court reverses dismissal in wrongful death lawsuit against a manufacturer, finding that the Workers' Comp Act did not apply because the decedent's injuries were not incidental to employment

  • Sobowale v. Smith et al.

    Publication Date: 2024-09-26
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Jeffery Arnold, H. Stafford, (Attorney at Law), Hinesville, Andrew Johnson, (Arnold & Stafford), Hinesville, Gary Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellee.
    Case Number: A24A0694

    Court affirms negligence and wrongful death jury verdict against two defendants and verifies venue despite settlement with a third defendant that remained in the case solely for venue

  • Miller v. Wilcoxson

    Publication Date: 2024-09-25
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Brant, (Colom and Brant), Atlanta, for appellant.
    for defendant: Anna Cross, (Cross Kincaid), Decatur, Thomas Sampson, Ebonei Simpkins, (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: A24A0607

    Court reverses apportionment of settlement proceeds in a wrongful death case due to trial court's lack of jurisdiction to issue an apportionment order after the case was dismissed

  • The Medical Center of Central Georgia, Inc. et al. v. Turner et al.

    Publication Date: 2024-09-19
    Practice Area: Medical Malpractice | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Hall, Jacquelyn Clarke, Austin Atkinson, Pearson Cunningham, Michael Profit, (Hall Booth Smith, P.C.), Atlanta, Randolph Powell, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
    for defendant: Tracey Dellacona, (Dellacona Law Firm), Macon, Caleb Walker, Katherine McArthur, Lindsey Macon, (McArthur Law Firm), Macon, for appellee; Jason Bring, (Arnall, Golden, Gregory), Atlanta, William Rissler, (Attorney at Law), Atlanta, Lisa Churvis, (Waldon Adelman Castilla Heistand & Prout), Atlanta, for AM.
    Case Number: A24A0378

    Court affirms $9.2 million jury verdict for medical malpractice and wrongful death, rejecting defendants' arguments as to causation and excess damages

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  • Southern Oil Refinery, LLC et al. v. Gloria Jean Price et al.

    Publication Date: 2024-07-25
    Practice Area: Damages | Wrongful Death
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Sharon Horne, Philip Savrin, (Freeman Mathis & Gary), Atlanta, Amanda Matthews, Jessica Seares, (Nall & Miller, LLP), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Scott Forster, Terry Jackson, Peter Lampros, (Attorney at Law), Atlanta, Christopher Hall, (Hall & Lampros, LLP), Atlanta, for appellee; Warren Coppedge, (Coppedge & Associates, P.C.), Dalton, for other party; Robert Roll, (Watkins, Lourie, Roll & Chance, PC), Atlanta, Trent Speckhals, (Speckhals Law, P. C.), Atlanta, Andrew Ashby, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for AM.
    Case Number: A24A0137

    Court reverses and remands damages judgment in wrongful death case for recalculation because trial court failed to apportion damages properly per statutory requirements

  • Omstead v. BPG Inspection, LLC et al.

    Publication Date: 2024-07-15
    Practice Area: Contracts | Wrongful Death
    Industry: Construction
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
    for defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
    Case Number: S23G0771

    Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

  • Redfearn v. Moore et al.

    Publication Date: 2024-06-26
    Practice Area: Contracts | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.
    Case Number: A24A1028

    Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer

  • KOS Limited v. Dockery et al.

    Publication Date: 2024-04-29
    Practice Area: Damages | Wrongful Death
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, Edgar Neely, (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellant.
    for defendant: John Hadden, Darren Penn, (Penn Law, LLC), Atlanta, Eric Ripper, (Ripper Law Firm PC), Atlanta, for appellee.
    Case Number: A23A1697

    Curt affirms denial of a motion by one defendant to set aside a joint and several damages award because that defendant failed to timely provide evidence to support apportionment

  • McCommons, et al. v. White, et al.

    Publication Date: 2024-04-22
    Practice Area: Wrongful Death
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Martin Fierman, (Attorney at Law), Madison, Ben Fierman, (Fierman Law Firm), Madison, for appellant.
    for defendant: James Joedecke, Render Freeman, Tyler Dillard, Hayley Rymer, (Andersen Tate & Carr PC), Duluth, for appellee.
    Case Number: A23A1541

    Court affirms $22 Million Award in wrongful death lawsuit against dirt bike trail operator, finding evidence of gross negligence that precluded operator's reliance on a waiver signed by decedent