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  • Williams v. Johnson

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Derric Crowther (Crowther Law Firm, PC), Atlanta; Deirdre Stephens (Attorney at Law), Pine Lake, for appellee.
    Case Number: A17A1652

    Defendant was entitled to summary judgment in plaintiff's premises liability suit because plaintiff had at least equal, if not superior, knowledge as defendant did of the hazard that caused his injury and the evidence was "plain, palpable and undisputable."

  • Stanley v. Government Employees Insurance Company

    Publication Date: 2018-02-13
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Clyde Rickard (Rickard & Nix), Atlanta; Jessica Nix (The Law Office of Rickard & Nix), Atlanta, for appellant.
    for defendant: Frederick Valz, T. Bell (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Alissa Young, Long Eddy, for other party.
    Case Number: A17A1813

    Insurer was entitled to summary judgment in plaintiff's action seeking uninsured motorist coverage from his fiancs parents automobile insurance carrier.

  • In The Interest Of J. F., a child.

    Publication Date: 2018-02-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: G. Stepp (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Nhan-Ai Simms, Pareesa Amjadi (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A16A0395

    The trial court properly denied juvenile defendant's motion to dismiss the case against him with prejudice because when State fails to file a delinquency petition within the required 30 days or to seek and receive an extension of that deadline, the case must be dismissed without prejudice.

  • Hayes v. The State

    Publication Date: 2018-02-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Marion Hayes (GA State Prison), Reidsville, for appellant.
    for defendant: Joshua Morrison (Fulton County DA's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellee.
    Case Number: A16A0588

    The Court of Appeals affirmed defendant's convictions and sentences on his Alford plea to burglary and other offenses as the trial court did not participate in plea negotiations in violation of Uniform Superior Court Rule 33.5 (A) and its colloquy with defendant, in which it advised him of the maximum sentence that he could face upon conviction, was permissible.

  • Sharpe et al. v. Great Midwest Insurance Company et al.

    Publication Date: 2018-01-05
    Practice Area: Insurance Law | Insurance Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage (Savage Turner & Pinckney PC), Savannah; Lloyd Murray (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, for appellant.
    for defendant: Thomas Bass (Brennan, Harris & Rominger), Savannah; Lee Gillis (James-Bates-Brannan-Groover-LLP), Macon, for appellee. Joshua Canton (Attorney at Law), Tallahassee, for other party.
    Case Number: A17A1421

    The trial court properly granted insurers' motions for summary judgment in plaintiffs' suit seeking uninsured motorist coverage because plaintiffs failed to timely notify insurers of the underlying car accident as required by provisions in the insurance policies.

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  • May v. Morgan County

    Publication Date: 2017-11-15
    Practice Area: Land Use and Planning
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: C. DuBose, Matthew Frick (DuBose Law Group LLC), Madison, for appellant.
    for defendant: Christian Henry (Christian G. Henry LLC), Madison, for appellee.
    Case Number: A16A1981

    The Court vacated the trial court's judgment finding defendant in violation of a zoning ordinance by offering her lake home for short-term rentals because the trial court failed to address defendant's alternative argument that a prior zoning ordinance was unconstitutionally vague.

  • Six Flags Over Georgia II, LP et al. v. Martin; and vice versa

    Publication Date: 2017-11-01
    Practice Area: Business Torts | Damages
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Laurie Daniel (Holland & Knight), Atlanta; Vernon Strickland (Wargo & French LLP), Atlanta; Charles McDaniel (Carlock, Copeland & Stair, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Leland Kynes (Kynes Law, LLC), Atlanta; Mellori Lumpkin, Atlanta, for appellant.
    for defendant: Andrew Rogers, Gilbert Deitch (Deitch & Rogers, LLC), Atlanta; Timothy Peagler (Law Offices of Michael Lawson Neff, P.C.), Atlanta; Naveen Ramachandrappa, Michael Terry (Bondurant, Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A0828

    Amusement park was liable to plaintiff for injuries he sustained after gang members viciously attacked him at a bus stop outside the park, even though plaintiff suffered his injuries beyond park's premises and approaches, but the Court of Appeals erred in ruling that the case had to be retried in its entirety due to an apportionment error, because liability and the calculation of damages sustained were distinct from the apportionment of fault and the apportionment error required retrial only for the apportionment of damages.

  • Monumedia II, LLC v. Georgia Department of Transportation

    Publication Date: 2017-10-20
    Practice Area: Administrative Law | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kevin Meeks, Charles Palmer (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Ronald Freeman (Johnson & Freeman, LLC), Union City; Mary Volkert (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A17A0647

    The trial court erred in affirming administrative rulings holding that a business's light-emitting diode signs inside the windows of its building violated City of Atlanta ordinances and the Georgia Outdoor Advertising Control Act.

  • 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.

  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Millar (Millar & Mixon, LLC), Jonesboro; James Sullivan (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.