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  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.
    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

  • Curles et al. v. Psychiatric Solutions, Inc. et al.

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Nathan Williams (The Williams Litigation Group, P.C.), Brunswick; Darren Penn (Penn Law LLC), Atlanta; Timothy Rigsbee, Michael Terry (Bondurant, Mixson & Elmore), Atlanta, for appellant.
    for defendant: Patrick O'Connor, Christopher Ray, Irving Drought (Oliver Maner LLP), Savannah; Andrew Efaw, Thomas Olsen, Stephen Oertle (Wheeler Trigg O'Donnell LLP), Denver, for appellee. Kristin Hiscutt (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A17A1298

    The trial court erred in dismissing plaintiffs' third amended complaint alleging ordinary and medical negligence against the owners, operators, and employees of a psychiatric treatment facility that treated and released a patient who later killed her grandmother and her aunt's boyfriend.

  • Smith v. Northside Hospital, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Government | Public Records
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Peter Crane Canfield, Brian Charles Lea (Jones Day), Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Bryan Eugene Bates, James Randolph Evans, Nathan L. Garroway (Dentons US LLP), Atlanta; Stephen Derek Bauer, Ian Kyle Byrnside, James C. Rawls (Baker Hostetler LLP), Atlanta, for appellee. David E. Hudson, James Brian Ellington (Hull Barrett, PC), Augusta; Steven Elliot Scheer (Scheer Montgomery & Call), Savannah; Sarah Renee Craig (Akerman LLP), Tampa, for amicus appellant. Lee Barrett Carter, Norman S. Fletcher (Brinson Askew Berry Seigler Richardson & Davis, LLP), Rome; Jonathan C. Peters (Peters & Monyak, LLP), Atlanta; Steven P. Gilliam, Roger Brent Hatcher, Jr. (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Kelly Jean Long Pridgen (Association County Commissioners of Georgia), Atlanta; G. Joseph Scheuer (Assistant General Counsel), Atlanta, for amicus appellee. Annette M. Cowart, Sarah Hawkins Warren, Russell David Willard, Christopher M. Carr (Department of Law), Atlanta, for neutral amicus. Charles T. Huddleston, S. Wade Malone, Jessica Rutledge Watson (Nelson Mullins Riley & Scarborough LLP), Atlanta; Jeremy Patrick Burnette, Sidney Summers Welch (Polsinelli, P.C.), Atlanta; Edward Charles Konieczny (Edward C. Konieczny LLC), Atlanta, for other party.
    Case Number: S16G1463

    The trial court and Court of Appeals applied the wrong legal standard in dismissing attorney's action to compel hospital to provide him with access to certain documents in response to his request under the Georgia Open Records Act.

  • Norton et al. v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Dispute Resolution | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Tyler Arnold (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A15A2268

    An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.

  • Kidney et al. v. Eastside Medical Center LLC et al.

    Publication Date: 2017-11-28
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George McGriff (McGriff & Associates), Roswell; Eric Wyatt (George W. McGriff & Associates), Roswell, for appellant.
    for defendant: Kevin Race, Terrance Sullivan (Insley & Race, LLC), Atlanta; Rolfe Martin (Owen Gleaton Egan Jones & Sweeney, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Heather Miller (Carlock Copeland & Stair), Atlanta, for appellee. Michael Bailey (Huff, Powell & Bailey, LLC), Atlanta, for other party.
    Case Number: A17A0806

    The trial court partially erred in granting summary judgment to medical defendants in plaintiffs' medical malpractice action because whether defendants were entitled to the benefit of the heightened evidentiary burden of the emergency medical care statute, O.C.G.A. § 51-1-29.5, depended on disputed issues of fact.

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

  • Graham v. Reynolds et al

    Publication Date: 2017-11-17
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
    for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
    Case Number: A17A0709

    The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.

  • Jordan v. Everson et al

    Publication Date: 2017-11-08
    Practice Area: Medical Malpractice
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Eric Jeffrey Frisch (Carlock, Copeland & Stair, LLP), Atlanta, for appellant.
    for defendant: Neal Henry Howard (Neal H. Howard & Associates), Columbus; Simon Weinstein (Law Office of Simon Weinstein, LLC), Atlanta, for appellee. Carl Richard Langley, Albany, for other party.
    Case Number: S17G1491

    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.

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).

  • Zelda Enterprises, LLLP et al. v. Guarino et al.

    Publication Date: 2017-10-20
    Practice Area: Legal Education
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Melissa Gilbert, Todd Hatcher (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for appellant.
    for defendant: Robert Ingram, Tammi Brown (Moore Ingram Johnson & Steele, LLP), Marietta; Carey Olson (Attorney at Law), Marietta, for appellee.
    Case Number: A16A1437

    In granting appellees' motion to disqualify appellants' counsel, the trial court failed to first assess whether appellees waived the opportunity to move for disqualification of counsel before granting the motion; accordingly, the Court vacated the order granting the motion and remanded for further proceedings.