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  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.
    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

  • Medical Center of Central Georgia, Inc. v. Macon Health Center, Inc. et al.

    Publication Date: 2018-06-26
    Practice Area: Contractual Disputes | Corporate Entities
    Industry: Entertainment and Leisure | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Stuart Walker (Martin Snow LLP), Macon; Eric Fisher, Roy Meeks, Amanda Speier (Taylor English Duma LLP), Atlanta, for appellant.
    for defendant: Wendell Howell (Lumley & Howell), Macon; James Marshall (Attorney at Law), Macon; William Noland (Noland Law Firm LLC), Macon, for appellee.
    Case Number: A18A0266

    Agreement Between Corporations Lapsed When One Was Administratively Dissolved

  • Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.
    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Columbus, Georgia Board Of Tax Assessors et al. v. Medical Center Hospital Authority

    Publication Date: 2018-05-16
    Practice Area: Civil Appeals | Tax
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Lomax (Robert R. Lomax LLC), Columbus; Kevin Meeks, Charles Palmer (Troutman & Sanders LLP), Atlanta, for appellant.
    for defendant: Jeffrey Brown (Brown & Adams LLC), Columbus; Andrew Rothschild, Jerome Rothschild (Rothschild & Rothschild PC), Columbus, for appellee.
    Case Number: A16A0638

    Tax Exemption Claim Could Be Raised Again Before Trial Court Where Neither Supreme Court nor Court of Appeal Had Reviewed Issue Prior to Remand

  • Jordan v. Everson et al.

    Publication Date: 2018-05-10
    Practice Area: Civil Appeals | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Eric Frisch, Claire Sumner (Carlock Copeland & Stair LLP), Atlanta, for appellant.
    for defendant: Neal Howard (Neal H. Howard & Associates PC), Columbus; Simon Weinstein (Attorney at Law), Atlanta, for appellee. Carl Langley (Attorney at Law), Albany, for other party.
    Case Number: A16A1710

    The Court of Appeals erred in holding that an independent, intervening act breaks the chain of causation in a wrongful death case only to the extent that the independent, intervening act is wrongful or negligent; rather, the act only has to be reasonably foreseeable by the alleged tortfeasor or triggered by his conduct.

  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2018-05-08
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell (Bell Law Firm), Atlanta; Sidney Moore (The Moore Law Firm PC), Atlanta; James Wilson (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell (Huff Powell Bailey LLC), Atlanta, for appellee. Heather McGrotty (Weathington Mgrew PC), Atlanta; Paul Weathington (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    The trial court erred in denying plaintiffs' motion for additur or, alternatively, for a new trial on damages, because the jurys award of zero damages for medical malpractice plaintiff's past pain and suffering rendered the award of damages so clearly inadequate under a preponderance of the evidence as to shock the conscience and necessitate a new trial under O.C.G.A. § 51-12-12 (b).

  • Cancel et al. v. The Medical Center Of Central Georgia, Inc. et al.

    Publication Date: 2018-05-02
    Practice Area: Business Torts | Civil Appeals | Contracts
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: George McGriff, Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Ranse Partin (Conley Griggs Partin LLP), Atlanta; W. Persons (King & Spalding), Atlanta; Alfred Adams, Cynthia Burnside (Holland & Knight LLP), Atlanta, for appellee.
    Case Number: A17A1708

    The Court of Appeals affirmed the trial court's ruling that hospital defendants were immune from plaintiffs' breach of fiduciary duty and fraud claims and the denial of plaintiffs' motion to supplement the record on appeal.

  • Group Resources, Inc. v. City Of Waycross et al.

    Publication Date: 2018-04-20
    Practice Area: Contractual Disputes
    Industry: Consulting | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Eric Nathan (Attorney at Law), Atlanta; Devin Phillips (Weener & Nathan LLP), Atlanta, for appellant.
    for defendant: Charles Dorminy, William Mann (Hall Booth Smith, P.C.), Brunswick, for appellee.
    Case Number: A17A1699

    Group Resources, Inc. v. City of Waycross