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  • Alligood et al. v. Piedmont Medical Care Corporation, Inc. et al.

    Publication Date: 2023-10-04
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Joseph King, (Joseph H. King, Jr. P.C.), Atlanta, for appellant.
    for defendant: Timothy Bendin, Kathleen Simcoe, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A23A1039

    Court affirms jury verdict and judgment in favor of a service provider in a malpractice case and rejects plaintiff's contentions of anti-science bias by the jurors

  • Hatchett v. McCain Property Care, LLC

    Publication Date: 2023-09-15
    Practice Area: Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Cathey, Thomas Hatchett, (Cathey & Strain, LLC), Cornelia, for appellant.
    for defendant: Michael St. Amand, Megan Quisao, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellee.
    Case Number: A23A1076

    Court affirms summary judgment in favor of a repair company in a premises liability case where plaintiff failed to point to evidence showing the repair company's negligence

  • White v. Westlake Financial Services

    Publication Date: 2023-09-15
    Practice Area: Civil Procedure | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Cristina Kaiden, Robert Kaiden, (Kaiden & Kaiden, LLC), Marietta, for appellant.
    for defendant: Douglas Brooks, (Attorney at Law), Atlanta, for appellee.
    Case Number: A23A0830

    Court reverses denial of a motion to dismiss for statute of limitations reasons, finding that a plaintiff's second complaint was not a renewal action under the applicable statute

  • Doe v. Vest Monroe, LLC et al.

    Publication Date: 2023-08-15
    Practice Area: Class Actions
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Scott Bonder, Joseph White, (730 Peachtree Street, NE), Atlanta, Roy Kelly, Caitlin Derst, (Kelly & Kelly LLP), Savannah, for appellant.
    for defendant: David Hayes, (Attorney at Law), Atlanta, Kimberly Woodland, Kathleen Broyles, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellee.
    Case Number: A23A0605

    Court reverses denial of a motion for class certification in a case involving unauthorized disclosure of more 1,415 patient medical treatment records

  • In the Interest of K. B., et al., children.

    Publication Date: 2023-08-14
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jessica Tucker, (The Law Offices of J Nichole Tucker, LLC), Decatur, for appellant.
    for defendant: Leslie Abbott, (Special Assistant Attorney General), Decatur, Christopher Carr, Shalen Nelson, Emily Harris, (Senior Assistant Attorney General), Atlanta, Jamila Fair, Decatur, for appellee; LaShanda Lennon, (Lennon Family Law LLC), Snellville, April Hall, Austell, Chandra Wilson, (Attorney at Law), Atlanta, Amy Cole, (DeKalb County Child Advocacy Center), Decatur, for other party.
    Case Number: A23A0355

    Court rejects a father's challenge to a juvenile court fining that his twin children are dependent, have been neglected, and are in need of court protection

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • The State v. Wood

    Publication Date: 2023-08-11
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Randal McGinley, (Newton County District Attorney’s Office), Covington, Lacey Majors, (Walton County District Attorney’s Office), Monroe, for appellant.
    for defendant: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellee.
    Case Number: A23A0310

    Court dismisses the State's appeal to a not guilty judgment from a bench trial on charges of criminal invasion of privacy because the State had no right to appeal

  • Jordan v. Kimpton Hotel and Restaurant Group, LLC et al.

    Publication Date: 2023-08-11
    Practice Area: Contractual Disputes
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Cooper, Kenneth Barton, (Cooper, Barton & Cooper, LLP), Macon, for appellant.
    for defendant: James Doyle, Andrew Eaton, Cali Kerr, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellee.
    Case Number: A23A0212

    Court reverses summary judgment that had been in favor of a hotel on causes related to breach of contract and affirms as to other causes where hotel evicted a guest

  • Department of Transportation v. 0.095 Acres of Land et al.

    Publication Date: 2023-08-10
    Practice Area: Civil Appeals | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Dyer, Samuel Rusbridge, (Dyer & Rusbridge, P.C.), Canton, for appellant.
    for defendant: Donald Evans, (Evans Law Firm), Cartersville, for appellee.
    Case Number: A23A0136

    Transportation Department Did Not Preserve Evidentiary Objections to Compensation Award to Former Property Owners

  • Munro et al. v. Georgia Department of Transportation

    Publication Date: 2023-08-08
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Hadden, Darren Penn, (Penn Law LLC), Atlanta, James Seifter, (Attorney at Law), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Christopher Carr, Angela Cusimano, Kristine Hayter, (Office of the Attorney General), Atlanta, for appellee.
    Case Number: A23A0404

    Court affirms dismissal of negligent design claim in a wrongful death action for sovereign immunity reasons, but reverses dismissal of negligent inspection claim

  • Pangborn, LLC et al. v. Stonecipher

    Publication Date: 2023-08-08
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John McDonald, Jason Carruthers, (Thompson Hine LLP), Atlanta, for appellant.
    for defendant: Andrew Beal, (Buckley Beal LLP), Atlanta, Milinda Brown, (Beal Sutherland Berlin & Brown, LLC), Atlanta, for appellee.
    Case Number: A23A0490

    Court reverses summary judgment for a former employee over payments under a separation agreement due to ambiguity in the language of the agreement