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  • Maynard et al. v. Snapchat, Inc.

    Publication Date: 2018-07-09
    Practice Area: Internet Law | Personal Injury
    Industry: Automotive | Entertainment and Leisure | Software
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Todd Henningsen (Attorney at Law), Atlanta; Darryl Adams, Susan Cremer, Timothy Peagler (Law Offices of Michael Lawson Neff PC), Atlanta; John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Naveen Ramachandrappa, Michael Terry, Amanda Bersinger (Bondurant Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellant.
    for defendant: Lori Cohen, Mark Trigg, Janna Nugent (Greenberg Traurig LLP), Atlanta; Benjamin Kleine, Michael Rhodes (Cooley LLP), San Francisco, for appellee. Robert Johnson (Johnson & Alday LLC), Marietta; Anne Gower (Attorney at Law), Atlanta, for other party.
    Case Number: A18A0749

    Snapchat Not ImmuneFrom Liability For Designing and Creating App That Allegedly Encouraged Excessive Speeding

  • Coen v. Aptean, Inc. et al

    Publication Date: 2018-07-05
    Practice Area: Damages | Employment Litigation | Personal Injury
    Industry: Software
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Charles Cork (Attorney at Law), Decatur; Timothy Coen, Atlanta, for appellant.
    for defendant: Matthew Ames (Balch & Bingham LLP), Atlanta; Steven Collins (Alston & Bird LLP), Atlanta; Richard Robbins (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta; Alexa Ross (Robbinsfreed), Atlanta, for appellee.
    Case Number: A18A0522

    Abusive Litigation Plaintiff Could Elect to Seek General Damages For Mental Distress

  • Holmes et al. v. Lyons et al.

    Publication Date: 2018-06-29
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: William Bird, Paul Hotchkiss (Bird Law Group PC), Atlanta; Irwin Ellerin (Ellerin Law Firm), Atlanta, for appellant.
    for defendant: Francesca Townsend, Daniel Huff, Trevor Newberry (Huff Power & Bailey LLC), Atlanta; Ashley Purcell, Kristen Rajagopal, Annalese Herndon (Hall Booth Smith PC), Atlanta, for appellee. Paul Reynolds, Atlanta; M. Reynolds (Houck Reynolds LLC), Atlanta, for amicus curiae.
    Case Number: A18A0277

    Medical Malpractice Plaintiff Stated Claim That Surgeon's Failure to Disclose His Numerous Physical Infirmities Caused Preventable Injuries

  • Stopanio et al., v. Leon's Fence and Guardrail, LLC et al.

    Publication Date: 2018-06-28
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Sarah Kjellin (Watson Spence LLP), Albany; Colin Delaney, Edward Wasmuth, Leah Sears (Smith Gambrell & Russell LLP), Atlanta; Stuart Cohen (Conroy Simberg), Hollywood, for appellant.
    for defendant: Andrew Horowitz (Drew Eckl & Farnham LLP), Atlanta; Christopher Carr (Attorney General), Atlanta; Sharon Horne (Mozley, Finlayson & Loggins), Atlanta; Lori Nash (Georgia Law Department), Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Kathleen Turnipseed (GA Department of Law), Atlanta; William Horgan, Steven Puritz (Pennington P.A.) Tallahassee, for appellee.
    Case Number: A18A0587

    The Court vacated the trial court's order dismissing plaintiff's claims against the Georgia Department of Transportation arising out of an automobile collision that killed her parents and resulted in personal injuries to her and remanded the case for the trial court to reconsider whether the pending criminal investigation arising out of the accident tolled the 12-month deadline for plaintiff to provide ante litem notice to State.

  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

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    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Agnes Scott College, Inc. v. Hartley

    Publication Date: 2018-06-26
    Practice Area: Personal Injury
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner (Attorney at Law), Atlanta; Brian Trulock, Alan Payne (Bendin Sumrall & Ladner LLC), Atlanta, for appellant.
    for defendant: Lloyd Bell, Michael Watson (Bell Law Firm), Atlanta, for appellee.
    Case Number: A18A0084

    Private College Could Be Found Vicariously Liable For Law-Enforcement Acts of Campus Police Officer Who Was Full-Time Employee

  • Durrance v. Schad

    Publication Date: 2018-06-19
    Practice Area: Attorney Compensation | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Martin Fierman (Attorney at Law), Madison, for appellant.
    for defendant: Milton Gardner (Attorney at Law), Milledgeville, for appellee.
    Case Number: A18A0577

    Lack of Evidence Supporting Stalking Claim Warranted Award of Costs and Fees to Defendant

  • SecureAlert, Inc. et al. v. Boggs et al.

    Publication Date: 2018-06-19
    Practice Area: Civil Procedure | Personal Injury | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Patrick Flynn (Attorney at Law), Albany, for appellant.
    for defendant: Joseph Durham (Lee Durham LLC), Albany; Rosser Malone (Malone Law Office), Atlanta; Sidney Moore (The Moore Law Firm P.C.), Atlanta, for appellee. Kovarious Price, Garden City; Demetrious Price, Reidsville; Grace Chapman, Albany; Richard Parker, Peachtree City; Erwin Warren, Albany; Sonya Bryant, Albany; George Donaldson, Misty Haskins (Perry & Walters LLP), Albany, for other party.
    Case Number: A18A0045

    The trial court erred in denying electronic pretrial release and monitoring service providers' motion to dismiss plaintiffs' wrongful death and personal injury action arising after two men whom providers were responsible for monitoring via ankle bracelets allegedly shot and killed another man, because O.C.G.A. § 17-6-1.1 (i) shielded providers from civil liability.

  • Starwood Hotels & Resorts et al. v. Lopez

    Publication Date: 2018-06-13
    Practice Area: Administrative Law | Labor Law | Personal Injury
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellant.
    for defendant: William Smith (W. Calvin Smith, II, P.C.), Atlanta, for appellee.
    Case Number: A18A0552

    ALJ Erred in Determining That Injured Workers' Compensation Claimant Could Choose Her Own Treating Physician

  • Department Of Transportation v. Jones

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Christopher Carr (Attorney General), Atlanta; Kathleen Pacious (Deputy Attorney General), Atlanta; Loretta Pinkston-Pope (Senior Assistant Attorney General), Atlanta; Melissa Tracy (Georgia Department of Law), Atlanta; Kristine Hayter (Office of the Attorney General), Atlanta, for appellant.
    for defendant: William Lanham, Clark McGehee (Johnson & Ward), Atlanta; Malcolm Sullivan (Attorney at Law), Forsyth, for appellee.
    Case Number: A18A0096

    Tort Suit Against State Agency Barred For Failure of Claimant to Comply With Statutory Ante Litem Notice Requirements