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  • Nusz v. Paulding County, Georgia et al.

    Publication Date: 2021-10-05
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Craig Jones, (Craig T. Jones, PC), Washington, for appellant.
    for defendant: Timothy Buckley, (Buckley Christopher, PC), Atlanta, for appellee.
    Case Number: A21A1073

    Court affirms dismissal of personal injury complaint against sheriff and county due to plaintiff's failure to give timely notice of claim to the sheriff

  • Cortes et al. v. Georgia Power Company

    Publication Date: 2021-09-30
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, William Smith, (W. Calvin Smith, II, P.C.), Atlanta, for appellant.
    for defendant: Malissa Kaufold-Wiggins, Meghan Pieler, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A21A0706

    Court vacates dismissal order that was based solely on plaintiffs' failure to comply with a scheduling order, and remands for consideration of why a deadline was missed

  • Express Employment Professionals et al. v. Barker

    Publication Date: 2021-09-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Peery, Nichole Novosel, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: John Dufour, (VAN Pelt & Dufour), Carrollton, for appellee; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A21A0912

    Court reverses trial court and agrees with administrative law board in ruling that injured employee is not entitled to further workers' compensation benefits

  • Troika Entertainment, LLC et al. v. Mendez

    Publication Date: 2021-09-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: George Duncan, William Pate, (Dennis Corry Smith & Dixon LLP), Atlanta, for Appellant.
    for defendant: Andrew Hagenbush, Sheila Bilimoria, (Atlanta), Atlanta, for Appellee.
    Case Number: A21A0719

    Court affirms denial of defendant's motion to open default in a personal injury case

  • Quynn v. Hulsey et al.

    Publication Date: 2021-09-14
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Jacquelyn Smith, (Attorney at Law), Alpharetta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for Appellee.
    Case Number: A19A0689

    Court adopts a Georgia Supreme Court opinion, vacates a part of its earlier, and reverses a partial summary judgment grant for an employer in a negligence case

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Sunbelt Plastic Extrusions, Inc. et al. v. Paguia

    Publication Date: 2021-09-14
    Practice Area: Administrative Law | Personal Injury
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner, P.C.), Alpharetta, for Appellant.
    for defendant: Thomas Herman, (Westmoreland, Patterson, Moseley & Hinson, L.L.P), Macon; Alex Wallach, (George & Wallach, LLLP), Forest Park, for AM.
    Case Number: A21A0867

    Court affirms denial of a statute of limitations defense and a finding that an employee's injury was catastrophic in a workers' compensation case.

  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2021-09-13
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for Appellant.
    for defendant: James Merritt, (Vernis & Bowling of Atlanta, LLC), Atlanta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for Appellee.
    Case Number: A19A1104

    Court reverses partial summary judgment grant for an employer in a negligence action, noting that the respondeat superior rule has been abrogated by OCGA §51-12-33.

  • Blake v. Tribe Express, Inc. et al.

    Publication Date: 2021-09-09
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Minerva Steele, (Steele Law, LLC), Atlanta, for Appellant.
    for defendant: James Parks, (Attorney at Law), Dahlonega, Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, Michael Hostetter, (Nall & Miller, LLP), Atlanta, for Appellee.
    Case Number: A21A0672

    Court affirms summary judgment for employer in a dispute over whether an employee was within the scope of his employment when an accident occurred

  • Padco Contracting, Inc. v. Hernandez

    Publication Date: 2021-08-17
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Benjamin Leonard, Matthew Pittman, (Cipriani & Werner), Alpharetta, for appellant.
    for defendant: Ruben Cruz, Bao Quynh Truong-Johnson, (Cruz & Associates PC), Atlanta, for appellee.
    Case Number: A21A0902

    Court reverses superior court ruling that had reversed a decision of the Board of Workers' Compensation , which decision was based on a preponderance of evidence

  • Metropolitan Atlanta Rapid Transit Authority v. Tyler

    Publication Date: 2021-08-13
    Practice Area: Evidence | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Laurie Daniel, Robert Highsmith, Matthew Friedlander, Jonathan Spital, (Holland & Knight LLP), Atlanta, for Appellant.
    for defendant: Melanie Eyre, (Drew Eckl & Farnham, LLP), Atlanta, Michael Goldberg, (Fried Rogers Goldberg LLC), Atlanta, Anna Cross, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Donald Singleton, (Singleton Law Firm LLC), Alpharetta, for Appellee.
    Case Number: A21A0626

    Court reverses jury verdict in a personal injury case because trial court issued an erroneous jury charge on spoliation of evidence