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  • Andrews v. Blue Ridge NH Associates, LLC et al.

    Publication Date: 2019-12-30
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Robert Katz, Briant Mildenhall, (Katz, Stepp, Wright, & Fleming), Decatur, for appellant.
    for defendant: Thomas Graham, Howard Reese, Jacob Raehn, (Hall Booth Smith PC), Atlanta, Jonathan Bledsoe, Brittany Dant, (The Minor Firm), Dalton, for appellee.
    Case Number: A19A1916

    Court reverses dismissal of defendants because plaintiff did not have an opportunity to conduct discovery, and vacates and remands the matter for further review

  • Aguila v. Kennestone Hospital, Inc.

    Publication Date: 2019-12-19
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William James, (William Dixon James, P.C.), Decatur, Charles Gower, Charles Gower, (Attorney at Law), Columbus, Miranda Brash, Shaun O'Hara, (Charles A. Gower PC), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP, Atlanta, for appellant.
    for defendant: Paul Ivey, Robert Martin, Tyler Pritchard, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, (Attorney at Law), Atlanta, William Withrow, (Troutman Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellee.
    Case Number: A19A1492

    Motion to Dismiss Not Appropriate Method of Challenging Claims That Might Later Be Supported With Additional Evidence

  • Steen-Jorgensen v. Huff

    Publication Date: 2019-12-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Hughes, (Robert W. Hughes, Jr. & Associates, PC), Lawrenceville, for appellant.
    for defendant: Dewey McKenzie, (Willis McKenzie LLP), LaGrange, for appellee. James Baker, (James G Baker, PC), LaGrange, for other party.
    Case Number: A19A0807

    Court vacates dismissal and remands case for more complete findings on a trial court's declining to exercise jurisdiction over a petition for adult guardianship

  • Justin Smiley, as Administrator of the Estates of Terri White and of Paul White v. Blasingame, Burch, Garrard & Ashley, P. C. et al.

    Publication Date: 2019-12-12
    Practice Area: Legal Malpractice | Products Liability
    Industry: Health Care | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Richard Robbins, Heather Sharp, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, appellant.
    for defendant: Christine Mast, H. Young, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellee.
    Case Number: A19A1193

    Legal Malpractice Plaintiffs Who Challenged Distribution of Settlement Proceeds Failed to Show Proximate Cause or Damages

  • Handberry et al. v. Manning Forestry Services, LLC

    Publication Date: 2019-12-10
    Practice Area: Personal Injury | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellee.
    Case Number: A19A1321

    Circumstantial evidence was insufficient to create an issue of fact as to knowledge of the existence of an open well in a survivor's negligence action against a contractor

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  • Sullivan v. Harper

    Publication Date: 2019-11-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Nancy Jordan, (Warner, Bates, McGough, McGinnis & Portnoy), Atlanta, for appellant.
    for defendant: Eugene Chambers, Paul Duckworth, (Eugene P. Chambers, III, P.C.), Atlanta, for appellee.
    Case Number: A19A1629

    Trial Court's Clarification of Terms of Parenting Plan Did Not Constitute Improper Modification of Divorce Decree

  • Lylah Carroll, as Administrator for the Estate of Byron Tyrone Carroll v. Piedmont Medical Care Corporation et al.

    Publication Date: 2019-11-13
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Hudgins, (Attorney at Law), Roswell, for appellant.
    for defendant: Terrell Benton, Erin Coia, (Hall Booth Smith PC), Atlanta, for appellee.
    Case Number: A19A1349

    Estate Suing Hospital for Medical Malpractice Failed to Establish Fraud That Would Toll the Running of the Statute of Limitations

  • The State v. Dean

    Publication Date: 2019-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Teri Walker, Paul Howard, Dustin Lee, (Fulton County Office of the District Attorney), Atlanta, for appellant.
    for defendant: Lauren Shubow, (Attorney at Law), Atlanta, Michael Hill, (Assistant Public Defender), Atlanta, for appellee.
    Case Number: A19A1359

    Trial Court Failed to Adequately Address Psychological Damage to Victim Before Transferring Sodomy Case to Juvenile Court

  • Lowndes County Health Services, LLC v. Copeland et al.

    Publication Date: 2019-11-06
    Practice Area: Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jeffrey Braintwain, Brian Mathis, Randolph Powell, Trevor Newberry, (Huff Powell Bailey, LLC), Atlanta, Robert Anspach, (Anspach Meeks Ellenberger LLP), Toledo, for appellant.
    for defendant: Christopher Connor, (Connor & Connor, LLC), Augusta, Kenneth Connor, (Connor & Connor, LLC), Aiken, John Hadden, (The Hadden Law Firm, LLC), Atlanta, Bret Moore, (Broughton Law), Atlanta, for appellee.
    Case Number: A19A1552

    Nursing Facility Engaged in Business-Related Ordinary Negligence by Leaving Night Shift Staff Without Anyone Properly Trained to Evaluate Residents

  • Rockdale Hospital, LLC v. Evans et al.

    Publication Date: 2019-10-24
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Daniel James Huff, Sharonda Boyce Barnes, Randolph Page Powell, Jr., (Huff, Powell & Bailey, LLC), Savannah, for appellant.
    for defendant: Lloyd Noland Bell, (Bell Law Firm), Atlanta, Sidney Leighton Moore, III, (The Moore Law Firm, P.C.), Atlanta, Lawrence Bernard Schlachter, (Schlachter Law Firm PC), Atlanta, James O. Wilson, Jr., (Trial Lawyers), Marietta, for appellee.
    Case Number: S18G1189

    Court of Appeals Erred in Overriding Medical Malpractice Jury's Zero Damages Award For Past Pain and Suffering