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  • Mildred Toomer, in her Capacity as Administrator of the Estate of Milton McBride v. Metro Ambulance Services, Inc.

    Publication Date: 2022-07-25
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Thomas Cuffie, Magua Benson, (Cuffie & Associates, P.C.), Atlanta, for appellant.
    for defendant: Daniel Wolcott, Arthur Park, Sarah MaCkimm, Caitlin Amick, (Mozley Finlayson & Loggins LLP), Atlanta, for appellee.
    Case Number: A22A0160

    Court reverses dismissal of wrongful death cause of action that was added to a personal injury complaint after expiration of the statute of limitations

  • Smith v. Hi-Tech Pharmaceuticals, Inc.

    Publication Date: 2022-07-22
    Practice Area: Civil Procedure | Consumer Protection
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Harman, Eric Fredrickson, (Harman Law Firm LLC), Atlanta, Christopher Nidel, (Nidel & Nace, PLLC), Rockville, for appellant.
    for defendant: Eileen Rumfelt, Atlanta, Meredith Lee, Robert Parsley, C. Townsend, (Miller & Martins), Chattanooga, for appellee.
    Case Number: A22A0170

    Consumer's Harmful-Ingredient Claim Against Food Supplement Manufacturer Raised Issues Within Primary Jurisdiction of FDA

  • The Georgia Power Company v. Brandreth Farms, LLC

    Publication Date: 2022-07-22
    Practice Area: Civil Appeals | Civil Procedure
    Industry: Agriculture | Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: T. Archer, Malissa Kaufold-Wiggins, Meghan Pieler, (Balch & Bingham LLP), Atlanta, Samuel Lucas, J. Davis, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, for appellant.
    for defendant: John Connolly, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee.
    Case Number: A22A0165

    Res Judicata Barred Farm Owner's Claims Against Georgia Power Co. for Fire Allegedly Caused by Defective Electrical Equipment

  • McDonald & Cody v. State Of Georgia

    Publication Date: 2022-07-22
    Practice Area: Attorney Compensation | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Douglas McDonald, Samuel Sliger, (McDonald & Cody LLC), Cornelia, Jackson McDonald, (McDonald & Cody LLC), Alto, for appellant.
    for defendant: Marianne Gelakoska, (District Attorney’s Office - Appalacian Judicial Circuit), Ellijay, for appellee.
    Case Number: A22A0531

    Attorneys' Lien in Forfeiture Case Was Perfected After Attorneys Obtained Final Judgment For Return of Property to Clients

  • Joyner et al. v. Leapheart et al.

    Publication Date: 2022-07-20
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: James Hugh Potts, Eugene D. Butt, (James Hugh Potts II, LLC), Atlanta, for appellant.
    for defendant: Irving William Drought, III, Andrew McLean Wilkes, (Oliver Maner, LLP), Savannah, Christopher Weis Phillips, (Hunter, Maclean, Exley & Dunn PC), Savannah, for appellee; Jason Lance Crawford, (Crawford & Brown Law Firm LLP), Columbus, for Amicus Appellant.
    Case Number: S21G0764

    Court reverses dismissal of a wrongful death medical malpractice claim that had been erroneously dismissed under an old version of the OCGA § 9-11-41(a) two-claim rule

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  • Arco Design/Build, LLC v. Savannah Green I Owner, LLC

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Rust, David Sawyer, (Gray, Rust, St. Amand, Moffett & Brieske, L.L.P.), Atlanta, for appellant.
    for defendant: Kevin Hudson, Zachary Hall, (Hudson Parrott Walker, LLC), Atlanta, for appellee.
    Case Number: A22A0056

    Court affirms order finding that the tolling provisions of the State's 2020 Emergency Judicial Orders did not extend the deadline for filing an affidavit of lien waiver

  • Scott v. Smith-Denton

    Publication Date: 2022-07-14
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Samantha Mandell, Rachel Sullivan, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: Franklin Evans, (Franklin Evans Law Firm), Chestnut Mountain, Scott Kuperberg, (The Kuperberg Law Firm, LLC), Norcross, David Dorer, (Dozier Law Firm, LLC), Macon, Jonathan Broderick, Suzette Broderick, (Broderick Law Group), Norcross, for appellee.
    Case Number: A22A0486

    Court reverses award of default judgement where defendant had not been properly served and substitute affidavit of service was not acceptable

  • Hicks et al. v. Universal Health Services, Inc. et al.

    Publication Date: 2022-07-13
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Andrew Gebhardt, (Smith, Welch, Webb & White, LLC), Stockbridge, Darren Penn, Alexandra Cole, Kevin Ketner, (Penn Law LLC), Atlanta, Kevin Ketner, Atlanta, for appellant.
    for defendant: Marcella Ducca, Lori Cohen, Michael King, Gerond Lawrence, Precious Johnson, Brandon Cox, (Greenberg Traurig LLP), Atlanta, Margaret McClatchey, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, Michael Hostetter, Molly McCall, Jacob Madsen, (Nall & Miller, LLP), Atlanta, Alison Currie, Mikell Reynolds, Christina Essex, (FisherBroyles, LLP), Atlanta, Thomas Lavender, (Lavender Hoffman Alderman, LLC), Atlanta, , for appellee.
    Case Number: A22A0204

    Court affirms dismissal of survivors' wrongful death claims filed after expiration of statute of limitations, and reverses denial of a motion to dismiss for lack of jurisdiction

  • Youd v. Beskin et al.

    Publication Date: 2022-07-11
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Messer, (Briskin, Cross & Sanford, LLC), Alpharetta, for appellant.
    for defendant: James Morton, (Attorney at Law), Atlanta, for appellee; David Metzger, (Williams Teusink LLC), Decatur, for other party.
    Case Number: A22A0141

    Court affirms denial of property owner's motion to open a default but vacates and remands a damages award in a dispute over a collapsed retaining wall

  • L. Scott Born et al. v. Bruce G. Born et al.

    Publication Date: 2022-07-08
    Practice Area: Civil Appeals | Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Clifton Patty, (Attorney at Law), Ringgold, for appellant.
    for defendant: Gary Henry, (Law Office of Gary L. Henry), Chattanooga, for appellee.
    Case Number: A22A0417

    Trial Court Judgment Was Res Judicata After Parties' Appeal From Partial Summary Judgment Was Untimely Filed