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  • Wal-Mart Stores East L. P. v. Benson

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Leslie Becknell, Michael Miller (Drew, Eckl & Farnham, LLP), Atlanta, for appellant.
    for defendant: Dylan Hooper (Morgan & Morgan), Atlanta, for appellee.
    Case Number: A17A0880

    The trial court erred in denying summary judgment to store in plaintiff's slip and fall suit because there was no evidence that it had superior knowledge of any hazardous condition.

  • Matta-Troncoso et al. v. Tyner

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Millar (Millar & Mixon, LLC), Jonesboro; James Sullivan (Attorney at Law), Jonesboro, for appellant.
    for defendant: Michael Kendall, Kimberly Mowbray (Kendall Law Group, LLC), Douglasville, for appellee. Michael D. Thornton, Lakeisha L. Thornton, Stockbridge, for other party.
    Case Number: A17A0734

    The trial court misconstrued the applicable law in granting a landlord's motion for summary judgment in plaintiffs' lawsuit arising after the tenants' dogs escaped from a yard due to a broken gate latch and attacked plaintiff because plaintiffs produced evidence of a violation of a county ordinance that required dogs to be at heel or on a leash and plaintiffs, therefore, were not required to produce evidence of the dogs' vicious propensity.

  • Waffle House, Inc. v. Pavesi

    Publication Date: 2017-10-18
    Practice Area: Dispute Resolution | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Ingram, Ryan Ingram, Leslie Neubauer (Moore, Ingram, Johnson & Steele), Marietta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips (Deitch & Rogers, LLC), Atlanta; Thomas Ashenden (Ashenden & Associates, P.C.), Atlanta; Laura Maki (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1281

    The trial court erred in denying employer's motion to compel arbitration of employee's tort claims arising after a co-worker injured him on the job, as the claims were within the scope of an arbitration agreement the employee signed.

  • Watson Used Cars, LLC v. Kirkland et al

    Publication Date: 2017-10-17
    Practice Area: Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Eric Gay (Law Office of Eric L. Gay, LLC), Bainbridge; Joshua Canton (Attorney at Law), Tallahassee, for appellant.
    for defendant: Rosser Malone, Robert Register (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm, P.C.), Atlanta, for appellee. Todd Handelman, Jenifer Cummings (Ross, Burriss & Handelman, LLC), Albany, for other party.
    Case Number: A17A1771

    The trial court erred in denying defendant's motion for summary judgment in sheriff's deputy's suit to recover for injuries he sustained in an automobile collision while on duty because the Fireman's Rule applied and precluded recovery.

  • Mayor and city council of the city of Richmond Hill et al. v. MAIA

    Publication Date: 2017-10-16
    Practice Area: Civil Appeals | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Donald Montgomery (Scheer Montgomery & Call), Savannah; Patrick O'Connor, Benjamin Perkins (Oliver Maner LLP), Savannah; Ray Smith (Attorney at Law), Richmond Hill, for appellant.
    for defendant: Billy Jones, Carl Varnedoe (Jones, Osteen & Jones), Hinesville, for appellee.
    Case Number: A15A2334

    Defendants were entitled to summary judgment on plaintiff's wrongful death claims arising from her 14-year-old daughter's suicide because plaintiff could not demonstrate proximate cause.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Reynolds v. CB&T

    Publication Date: 2017-10-12
    Practice Area: Civil Appeals | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Christopher Denison (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Gunby (Page, Scrantom, Sprouse, Tucker & Ford, P C.), Columbus, for appellee.
    Case Number: A17A0891

    The trial court erred in granting summary judgment to bank on plaintiff's claims for wrongful foreclosure, breach of contract, intentional and grossly negligent infliction of emotional distress, unjust enrichment and promissory estoppel because there were genuine issues of material fact remaining.

  • Saws At Seven Hills, LLC et al. v. Forestar Realty, Inc. et al.

    Publication Date: 2017-10-05
    Practice Area: Contracts | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Richard Herzog, Gregory Taube, Jessica Watson (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Ryan Harbin (Bloom Sugarman Everett, LLP), Atlanta, for appellee.
    Case Number: A17A0869

    The trial court erred in denying defendants' motions for summary judgment on plaintiffs' claims for tortious inference with business relations because plaintiffs failed to show evidence that it suffered any damages as a result of defendants' alleged interference.

  • Johnson Street Properties, LLC v. Clure; and vice versa.

    Publication Date: 2017-10-04
    Practice Area: Damages | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: William Randal Bryant, Wayne Stephen Tartline (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant. Christopher Shane Keith, Charles Benjamin Carmichael (Hawkins Parnell Thackston & Young LLP), Atlanta, for amicus appellant.
    for defendant: Edward Malcum Wynn III, James Nicholas Sadd (Slappey & Sadd LLC), Atlanta, for appellee.
    Case Number: S17A0811

    The trial court properly denied defendant's motion for summary judgment in plaintiff's negligence action arising out of injuries she sustained after being struck by a tree limb while on defendant's property because genuine issues of material fact remained but erred in granting partial summary judgment to plaintiff on defendant's apportionment claim.

  • Smith et al. v. Braswell et al.

    Publication Date: 2017-09-28
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lyle Warshauer (Warshauer Law Group PC), Atlanta; Max Freeman, Les Weisbrod, Luke Metzler, Lawrence Lassiter (Miller Weisbrod LLP), Dallas, for appellant
    for defendant: Daniel Huff, Taylor Tribble (Huff, Powell & Bailey LLC), Atlanta, Patrick Walsh (Hinkhouse Williams Walsh LLP), Chicago, for appellee.
    Case Number: A17A1191

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the preponderance of the evidence weighed against the admissibility of the expert's theory of causation; plaintiff thus failed to show causation and the trial court properly granted defendant's motion for summary judgment in plaintiff's negligence action arising from the labor and delivery of her son.

  • Cash et al. v. LG Electronics, Inc. et al.

    Publication Date: 2017-09-27
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
    for defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
    Case Number: A17A0878

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.