• Griffin v. The Emory Clinic Inc. et al.

    Publication Date: 2024-06-19
    Practice Area: Medical Malpractice | Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Francis Kadiri, (Francis O Kadiri LLC), Stone Mountain, for appellant.
    for defendant: Stephen Sparwath, Tyler Jones, (Bendin Sumrall & Ladner LLC), Atlanta, for appellee.

    Case Number: A24A0073

    Court partially reverses dismissal in professional malpractice and negligence lawsuit, concluding that negligence claims could proceed without an expert affidavit

  • Pappas Restaurant, Inc. v. Welch et al.

    Publication Date: 2024-06-18
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Nicole Leet, Michael Rust, (Gray, Rust, St. Amand, Moffett & Brieske), Atlanta, Laurie Daniel, Atlanta, Nicholas Boyd, (Holland & Knight LLP), Atlanta, for appellant.
    for defendant: Naveen Ramachandrappa, Jennifer Peterson, Michael Terry, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, Edward Wynn, James Sadd, (Slappey & Sadd, LLC), Atlanta, Aleksandra Bronsted, (Law Offices of Aleksandra Bronsted PC), Atlanta,, for appellee; Warner Fox, Christine Mast, Elliott Ream, (Hawkins Parnell & Young, LLP), Atlanta, for other party; Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, Bret Moore, (Bret Moore Law), Atlanta, for AM.

    Case Number: A21A1341

    Court affirms denial of summary judgment in wrongful death and negligence claims against restaurant and security company

  • Miller v. Dolgencorp, LLC

    Publication Date: 2024-05-20
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A24A0547

    Court vacates summary judgment order because trial court did not conduct an oral argument, notwithstanding plaintiff's timely request for an oral hearing

  • Drucker v. Morgan et al.

    Publication Date: 2024-05-01
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Eugene Brooks, (Brooks Law Firm), Savannah, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: Gregory Mast, Christopher Lee, (Fields Howell LLP), Atlanta, for appellee.

    Case Number: A24A0593

    Court affirms summary judgment for certain entities in a premises liability claim but reverses dismissal of claims against a rental property's owner due to unresolved questions of fact

  • Golden Pantry Food Stores, Inc. v. Bradley

    Publication Date: 2024-04-22
    Practice Area: Civil Procedure | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Jackson Dial, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Austin Atkinson, (Hall Booth Smith, P.C.), Atlanta, for appellant.
    for defendant: ShaMiracle Rankin, (CP Law Group, LLC), Atlanta, Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee.

    Case Number: A23A1597

    Court vacates spoliation sanctions against retail food store in a pair of premises liability cases and remands for reconsideration of plaintiff's actions under an alternate standard

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    Authors: Gary L. Brown

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  • Sivak v. Georgia Department of Natural Resources

    Publication Date: 2024-04-19
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Anna Cross, Meredith Kincaid, (Cross Kincaid), Decatur, Brandon Smith, (Shiver Hamilton LLC), Atlanta, for appellant.
    for defendant: Ronald Boyter, Christopher Carr, Angela Cusimano, Kristine Hayter, (Attorney General), Atlanta, for appellee.

    Case Number: A23A1323

    Court affirms dismissal of personal injury and premises liability lawsuit against Georgia Department of Natural Resources, citing sovereign immunity and discretionary functions exception

  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.

    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.

    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession

  • Smith v. Six Flags Over Georgia II, LP

    Publication Date: 2024-04-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, for appellant.
    for defendant: Andrew Bagley, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.

    Case Number: A23A1431

    Court affirms summary judgment for an amusement park in a personal injury case, finding that injured party had equal knowledge of risks that were open and obvious

  • 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