• Williams v. Kasulka Properties, LP et al.

    Publication Date: 2024-03-25
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Dozier, Ashley Cameron, Lindsay Simmons, (Dozier Law Firm), Macon, for appellant.
    for defendant: R. Anderson, (Attorney at Law), Macon, Callie Bryan, (Jones Cork & Miller, LLP), Macon, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Kevin Wangerin, (Bullard, Wangerin, & Corbett, LLP), Macon, Cody McCollum, (Vernis & Bowling of Atlanta LLC), Atlanta, for appellee; Matthew Del Campo, (Gray, Rust, St. Amand, Moffett & Brieske, LLP), Atlanta, for other party.

    Case Number: A23A1528

    Court affirms summary judgment for a landlord and property managers in premises liability case, finding that the landlord under OCGA § 44-7-14 and that the managers also owed no legal duty

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-02-15
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (J. Stein Law Firm), Atlanta, for appellee.

    Case Number: A22A1499

    On remand from the Georgia Supreme Court, the court affirmed denial of shopping center's summary judgment motion in a premises liability case and adjusts its ruling on spoliation

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2024-01-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Charles R. Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Sims Stein, (J. Stein Law Firm), Atlanta, for appellee.

    Case Number: S23G0795

    Court of clarifies legal considerations and standards that should be applied to spoliation of evidence issues for purposes of assessing sanctions in premises liability actions

  • Savannah State University Foundation, Inc. et al. v. Lewis et al.

    Publication Date: 2023-12-20
    Practice Area: Premises Liability
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Brian Smith, Phillip Hartley, (Attorney at Law), Gainesville, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, John Carson, (Phillips Carson & Phillips), Savannah, for appellee.

    Case Number: A23A1199

    Court reverses denial of defendants' summary judgment motion in a premises liability case, finding that defendants were out-of-possession landlords that did not control or possess the property

  • Pennington et al. v. Bridge Senior Living, LLC et al.

    Publication Date: 2023-12-05
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Gewirtz, Eric Hertz, (Eric J Hertz, PC), Atlanta, for appellant.
    for defendant: Parks Stone, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.

    Case Number: A23A0883

    Court affirms summary judgment in a premises liability case involving a fatal fall at an assisted living facility, finding that injured party had equal knowledge and should have been aware of a hazard

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    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Suresh & Durga, Inc. v. Jane Doe

    Publication Date: 2023-11-30
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Roger Harris, Kori Wagner, (Swift, Currie Mcghee & Hiers, LLP), Atlanta, for appellant.
    for defendant: Patrick McDonough, Tyler Dillard, Jonathan Tonge, (Andersen Tate & Carr, P.C.), Duluth, for appellee.

    Case Number: A23A0942

    Court affirms denial of motel's motion for summary judgment in a premises liability case involving sex trafficking, finding material questions of fact as to foreseeability, duty of care, and causation

  • Berrian v. Max Grin, LLC

    Publication Date: 2023-11-29
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Neal Graham, (Graham Law LLC), Macon, for appellant.
    for defendant: Callie Bryan, Sydney Solomon, (Jones Cork & Miller, LLP), Macon, for appellee; Thomas Sippel, McAngus, Goudelock & Courie, LLC), Atlanta, for other party.

    Case Number: A23A0754

    Court affirms summary judgment for an entertainment complex in in a slip and fall finding that the complex complied with the Roller Skating Safety Act of 1993

  • Fields v. Rainbow Community Center, Inc. et al.

    Publication Date: 2023-11-17
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Janet Scott, Eugene Felton, Quinton Seay, (Seay/Felton LLC), Atlanta, Alexandria Jones, Atlanta, for appellant.
    for defendant: Frank Bedinger, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellee.

    Case Number: A23A1009

    Court reverses summary judgment award in favor of homeless shelter due to open issues of fact on foreseeability, and vacates breach of contract order and remands for further consideration

  • Contour Sierra, LLC v. Williams et al.

    Publication Date: 2023-11-15
    Practice Area: Civil Procedure | Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Gregory Taube, Peter Munk, (Nelson Mullins Riley & Scarbrough, LLP), Atlanta, for appellant.
    for defendant: Charles Clay, (Pratt Clay, LLC), Atlanta, Bradley Pratt, Christopher Lambden, (Bayuk Pratt, LLC), Atlanta, for appellee.

    Case Number: A23A1079

    Well-Pled Complaint Allegations Supported Claims on Default for Negligent Infliction of Emotional Distress

  • Ovation Condominium Association, Inc. v. Cox

    Publication Date: 2023-11-14
    Practice Area: Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Samantha Mandell, Michael Kendall, (Kendall Mandell LLC), Douglasville, for appellant.
    for defendant: William Downs, Benjamin Baker, (Downs Law, LLC), Atlanta, for appellee.

    Case Number: A23A0933

    Trial Court Erred in Ruling on Summary Judgment Motion Without Conducting Necessary Daubert Analysis