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  • Moore v. Wellstar Health System, Inc. et al.

    Publication Date: 2019-05-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Roy Barnes, James Tribble, (The Barnes Law Group, LLC), Marietta, Meri Benoit, (Malone Law Office), Atlanta, for appellant.
    for defendant: John Hall, Kenneth Jones, (Hall, Booth, Smith & Slover), Atlanta, Melissa Reading, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee.
    Case Number: A18A1810

    Court grants new trial to medical malpractice plaintiff because of introduction of hearsay evidence at first trial

  • Stacy Aaron on behalf of the Wrongful Death Beneficiaries of Editha Aaron v. United Health Services of Georgia, Inc., et al.

    Publication Date: 2019-05-14
    Practice Area: Elder Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Douglas Chaffin, (McHugh Fuller Law Group), Hattiesburg, For Appellant.
    for defendant: Michael Bailey, Jeffrey Braintwain, Brian Mathis, Randolph Powell, Erica Jansen, Arthur Cheek, (Huff Powell & Bailey, LLC), Atlanta, David Rich, Robert Anspach, Mark Meeks, (Anspach Meeks Ellenberger LLP), Toledo, For appellee.
    Case Number: A18A1926

    Court Affirms Trial Court Order That Compelled Arbitration Where Offeror/Movant Never Counter-Signed Arbitration Agreement That It Sought to Enforce Over Dissent That Court Created Agreement Where None Had Been Reached

  • Cobb Hospital, Inc. d/b/a Wellstar Cobb Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2019-05-13
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, Elizabeth Kitchens, David Darden, (Parker Hudson Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore, Ingram, Johnson & Steele), Marietta, for appellant.
    for defendant: Isaac Byrd, Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Rachel King, Frank Berry, (Department of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Monica Sullivan, Department Of Law), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, For Appellee.
    Case Number: A18A2009

    Court denies hospital's challenge to a certificate of need determination for a new health facility.

  • Moore v. Wellstar Health System, Inc. et al.

    Publication Date: 2019-05-02
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Roy Barnes, James Tribble, (The Barnes Law Group, LLC), Marietta, Meri Benoit, (Malone Law Office), Atlanta, for appellant.
    for defendant: John Hall, Kenneth Jones, (Hall, Booth, Smith & Slover), Atlanta, Melissa Reading, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee.
    Case Number: A18A1810

    New trial ordered in medical malpractice action due to improper admission of hearsay evidence

  • Nash v. Reed

    Publication Date: 2019-05-01
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jennifer Little, David Fried, Matthew Kahn, (Fried & Bonder, LLC), Atlanta, for appellant.
    for defendant: William Gray, (Law Office of Dan J. Colley), Duluth, for appellee. Matthew Ashby, (Savell & Williams, LLP), Atlanta, for other party.
    Case Number: A18A1707

    Court Affirms in Part and Reverses in Part Trial Court's Handling of Summary Judgment in Dispute Between Jogger and Driver Who Struck Driver

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  • Trabue et al. v. Atlanta Women's Specialists, LLC et al.

    Publication Date: 2019-04-17
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Naveen Ramachandrappa, Michael Terry, (Bondurant, Mixson & Elmore LLP), Atlanta, Michael Regas, James Stone, (The Stone Law Group - Trial Lawyers, LLC), Atlanta, William Stone, (William S. Stone, P.C.), Blakely, for appellant.
    for defendant: Colin Delaney, Leah Sears, (Smith, Gambrell & Russell, LLP), Atlanta, Daniel Huff, Taylor Tribble, (Huff, Powell & Bailey, LLC), Atlanta, David Flint, Michael Flint, (Schreeder, Wheeler & Flint, LLP), Atlanta, for appellee.
    Case Number: A18A1508

    Court Reverses Trial Court's Denial of New Trial on Apportionment Where Defendants Sought to Apportion Liability to Non-Party After Failing to Give Required Notice and Trial Court Had Wrongly Concluded Notice Was Not Required

  • Chappuis et al. v. Ortho Sport & Spine Physicians Savannah, LLC

    Publication Date: 2019-03-29
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Thurbert E. Baker, Mark G. Trigg, Mark Adam Silver, (Dentons US LLP), Atlanta, for appellant.
    for defendant: Yasha Heidari, Yenniffer Steffany Delgado, (Heidari Power Law Group, LLC), Atlanta, for appellee.
    Case Number: S18G0756

    Court Clarifies Standard for Striking Pleadings under §9-11-12 (f) and Remands to Allow Trial Court to Apply Standard

  • Ortega et al. v. Coffey et al.

    Publication Date: 2019-03-22
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Dewey Hayes, (Dewey N. Hayes, Jr., P.C.), Douglas, Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellant.
    for defendant: Emily Hancock, Richard Strickland, Sean Scally, (Brown, Readdick, Bumgartner, Carter, Strickland, and Watkins), Brunswick, Moses Kim, (The Moses Firm), Atlanta, for appellee.
    Case Number: A18A1662

    County road superintendent is immune from liability for tort injuries, but emergency medical services entity is not

  • Williams v. Murrell et al.

    Publication Date: 2019-03-21
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Rouse, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: Patrick Arndt, Robert Goldstucker, (Nall, Miller, LLP), Atlanta, Wade Herring, Heather Hammonds, (Hunter, MaClean, Exley & Dunn, P.C.), Savannah, for appellee.
    Case Number: A19A0559

    NO expert affidavit required to support a fraud complaint against a medical practitioner

  • Glover v. Atkinson-Sneed, et al.

    Publication Date: 2019-03-20
    Practice Area: Discovery | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Keishan Davis, Kwame Townes, (Townes, Davis & Associates, LLC), Tucker, for appellant.
    for defendant: Patrick Arndt, Robert Goldstucker, (Nall & Miller, LLP), Atlanta, for appellee.
    Case Number: A18A1565

    Medical Practice Plaintiff's Treating Physician Could Not Testify as to Standard of Care Issues