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  • Barnes v. Cannon et al.

    Publication Date: 2018-10-24
    Practice Area: Insurance Litigation | Motor Vehicle Torts
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Robert Turner, (Savage, Turner, Pinson & Karsman), Savannah, Ashleigh Madison, (Southeast Law, LLC), Savannah, William Degenhart, (Savage Turner Durham Pinckney & Savage), Snellville, for appellant.
    for defendant: Tracy O'Connell, (Ellis, Painter, Ratterree & Adams, Llp), Savannah, Vera Edenfield, (Edenfield, Cox, Bruce & Classens), Statesboro, Frederick Valz, Melissa Bailey, (Carlock, Copeland & Stair, LLP), Atlanta, for appellee. Timothy Roberts, (Oliver Maner), Savannah, for Other Party.
    Case Number: A18A1139

    Court Affirms Trial Court's Dismissal of Motion to Intervene in Settled Case

  • Wilkins v. City of Conyers

    Publication Date: 2018-10-19
    Practice Area: Evidence | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ryan Johnson, (Ryan A. Johnson, P.C.), Atlanta, R. Campbell, (Shiver Hamilton LLC), Atlanta, for appellant.
    for defendant: Michael Waldrop, (Waldrop & Bootcheck, LLC), Conyers, Mary Katz, (Chambless, Higdon & Carson ), Macon, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
    Case Number: A18A1400

    Dismissal of a case is not an appropriate sanction for negligent spoliation of evidence

  • Britt v. Jackson et al.

    Publication Date: 2018-10-16
    Practice Area: Motor Vehicle Torts
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Howard Stiller, (Howard J. Stiller, P.C.), Albany, Beau Shrable, (The Shrable Law Firm PC), Albany, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Kathleen Turnipseed, (GA Department of Law), Atlanta, Macon, for appellee.
    Case Number: A18A1190

    Court Affirms Dismissal of Complaint Against Department of Corrections for Negligently Causing Car Accident on Sovereign Immunity Grounds

  • Glover v. Georgia Power Company

    Publication Date: 2018-10-11
    Practice Area: Motor Vehicle Torts
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jesse Bowles, (Attorney at Law), Cuthbert, Joseph Durham, Donald Lee, (Lee Durham, LLC), Albany, for appellant.
    for defendant: Hugh McNatt, (Balch & Bingham LLP), Vidalia, George Carley, (Carley, Gregory & Gregory) Decatur, for appellee. Raleigh Rollins, (Alexander & Vann LLP), Thomasville, for Other Party.
    Case Number: A18A1005

    Court Affirms Summary Judgment in Favor of Power Company Facing Allegations That It Failed to Provide Sufficient Lighting on Highway and Caused Fatal Accident

  • Williams v. Durden

    Publication Date: 2018-10-10
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jeffrey Burmeister, Noah Pines, Peter Ross, Andrew Fleischman, (Ross & Pines LLC), Atlanta, Sandy Springs, for appellant.
    for defendant: Michael Kendall, Daniel Conner, (Kendall Law Group, LLC), Douglasville, for appellee.
    Case Number: A18A1543

    Statute of limitations tolled until traffic citation hearing date

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  • Francis v. Chavis

    Publication Date: 2018-06-04
    Practice Area: Contractual Disputes | Motor Vehicle Torts | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Terry Jackson (Attorney at Law), Atlanta, for appellant.
    for defendant: Kevin Reardon (Waldon Adelman Castilla Hiestand & Prout), Atlanta; Daniel Prout, Morgan Allyn (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee. Robert Harrison, Sarah Akinosho (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A18A0317

    Genuine Issue of Material Fact As To Whether Accident Victim Agreed to Settlement Offer

  • Almassud v. Mezquital

    Publication Date: 2018-05-04
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Trevor Hiestand (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet (Brodhead Law LLC), Atlanta, for appellee. J. Pierce (Pierce & Dunkelberger), Atlanta, for other party.
    Case Number: A17A2119

    Trial Court Should Have Instructed Jury on Defendant's Theory That Alleged Negligence Per Se was Unknowing and Unintentional

  • Natasha Blakemore As Mother Of Natroya Hulbert v. Dirt Movers, Inc. et al.

    Publication Date: 2018-01-22
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Scott Stevens (Greene & Cooper, LLP), Roswell, for appellant.
    for defendant: Brent Estes, Grant Smith (Dennis, Corry, Porter & Smith, LLP), Atlanta, for appellee.
    Case Number: A17A1540

    The plain language of O.C.G.A. § 14-2-510 (b) (4) limits a defendant corporations right of removal to cases in which venue is based only upon that specific paragraph; accordingly, the trial court erred in allowing a domestic motor carrier corporation to remove a wrongful death action against it to the county where its principal place of business was located, because venue against defendant was also proper in the county where the tort occurred under O.C.G.A. § 40-1-117 (b), the Georgia Motor Carrier Act.

  • Anderson v. Lewis, et al.

    Publication Date: 2018-01-11
    Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Allen Bodiford (Attorney at Law), Stockbridge, for appellant.
    for defendant: Russell Davis, Michael Patterson (Downey & Cleveland, LLP), Marietta, for appellee. Ashley Howard (Lynn Leonard & Associates), Atlanta, for other party.
    Case Number: A17A1898

    In an automobile accident case, the dismissal of one defendant due to plaintiff's failure to perfect service on him did not constitute an adjudication on the merits and provided no basis for granting summary judgment for the other defendant, the first defendant's grandfather, as the dismissal was not fatal to the derivative liability claim under the family purpose doctrine.

  • Wingler et al. v. White et al.

    Publication Date: 2017-12-18
    Practice Area: Government | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Lanham, Clark McGehee (Johnson & Ward), Atlanta, for appellant.
    for defendant: Derrick Bingham, Melissa Reading, W. Jones (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta; Adam Ford (Page Law LLC), Marietta, for appellee.
    Case Number: A17A1549

    The trial court erred in granting summary judgment to sheriff in plaintiffs' suit arising after they were injured when a suspect who was fleeing law enforcement crashed a vehicle into their car because, construing the evidence in favor of plaintiffs, genuine issues of material fact existed as to whether sheriff's deputies acted with reckless disregard for proper law enforcement procedures in continuing the high-speed chase.