• Howard v. CTW Enterprises, Inc. et al.

    Publication Date: 2023-04-21
    Practice Area: Premises Liability
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Robert Cleveland, Athens, Richard Collins, (Richard B. Collins, Esq.), Tallahassee, for appellant.
    for defendant: John Blair, Austin Hammock, (Levy, Sibley, Foreman & Speir, LLC), Columbus, for appellee.

    Case Number: A23A0038

    Court affirms summary judgment for business owner in a premises liability action where injured plaintiff had equal knowledge of the static hazard that caused his injuries

  • Power v. Toccoa Dreams, LLC et al.

    Publication Date: 2023-03-31
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Jourdain, Brittany Hepner, (The Minor Firm), Dalton, for appellant.
    for defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Nathan Hall, (Drew Eckl & Farnham, LLP), Chicago, for appellee; Sarah Illg, (Teague Law), East Ellijay for other party.

    Case Number: A22A1347

    A renter of a vacation property is not liable for a slip and fall accident under an exculpatory clause in the rental agreement, as that clause is void under OCGA §13-8-2(b).

  • Brixmor New Chastain Corners SC, LLC v. James

    Publication Date: 2023-03-20
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: Joshua Stein, (Goodman McGuffey Lindsey & Johnson, LLP), Atlanta, for appellee.

    Case Number: A22A1499

    Court affirms denial of shopping center's summary judgment motion in a trip and fall case due to questions of material fact as to plaintiff's knowledge of a hazard

  • Davis et al. v. Greensboro Estates, LLC et al.

    Publication Date: 2023-02-01
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Kopp, (Attorney at Law), Greensboro, for appellant.
    for defendant: Brian Neary, David Williamson, (Webb Zchunke Neary & Dikeman LLP), Atlanta, for appellee.

    Case Number: A22A1166

    Court reverses summary judgment for mobile home park owner on negligence claims because evidence created an issue of fact as to owner's knowledge of a hazard

  • Goldoller Management Services, LLC et al. v. Kristian Smith

    Publication Date: 2023-01-23
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Roger Sumrall, Paige Cobbs, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellant.
    for defendant: Robert Glass, James Robson, (Glass & Robson, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellee; Charles Hall, (Attorney at Law), Atlanta, for other party.

    Case Number: A22A1567

    Court reverses denial of summary judgment for defendant in a premises liability action, finding that injured party had greater knowledge of the threat than defendant

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Children's World Learning Center v. Carter et al.

    Publication Date: 2022-11-09
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Gailya McElroy, (Attorney at Law), Austell, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for appellant.
    for defendant: Francis Morris, (Morris Law Firm), Tifton, for appellee.

    Case Number: A22A0934

    Parent of Child Injured on Daycare Playground Offered no Evidence to Support Allegation of Breach of Duty of Care

  • Whitehead et al. v. Green as the Parent of Green, Deceased Minor et al.

    Publication Date: 2022-11-09
    Practice Area: Premises Liability | Wrongful Death
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Thomas Brennan, (Fain, Major, & Brennan, P.C.), Atlanta, Matthew Dowling, (State of Georgia Department of Law), Atlanta, William Mitchell, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, Reynolds Pitts, (Jonathan R. Brockman, P.C.), Atlanta, for appellant.
    for defendant: Anna Cross, (The Cross Firm LLC), Decatur, Matthew Wilson, Adam Princenthal, (Princenthal & May, LLC), Sandy Springs, Darren Summerville, Jonathan Flack, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellee; Claire Williamson, Brad Parrott, (Hudson Lambert Parrott Walker LLC), Atlanta, for other party.

    Case Number: A22A0797

    Court reverses denials of defendants' summary judgment motions in a wrongful death case following the drowning death of a four-year old

  • Tara Bridge Apartments, LP et al. v. Benson

    Publication Date: 2022-11-03
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Barbara Marschalk, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Matthew Barr, (Hawkins Parnell Thackston & Young LLP), Atlanta, for appellant.
    for defendant: Eugene Felton, Quinton Seay, (Seay Felton, LLC), Atlanta, for appellee.

    Case Number: A22A0744

    Court reverses denial of a landlord's summary judgment motion against a tenant's premises liability claims relating to a sexual assault that occurred in her apartment

  • Callaway Gardens Resort, Inc. et al. v. Grant et al.

    Publication Date: 2022-09-28
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Leslie Becknell, Hall McKinley, (Drew Eckl & Farnham LLP), Atlanta, Ann Searcy, (Drew Eckl & Farnham LLP), Brunswick, for appellant.
    for defendant: Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, James Rice, (James A. Rice, Jr., P.C.), Atlanta, for appellee.

    Case Number: A22A0856

    Court reverses partial summary judgment for a plaintiff and affirms denial of defendant's summary judgment motion in a premises liability case

  • John v. Battle Station, LLC

    Publication Date: 2022-09-21
    Practice Area: Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Steven Goldman, (The Goldman Firm LLC), Atlanta, for appellant.
    for defendant: Jason Hergenroether, Matthew Jones, John Padesky, (Busch, Reed, Jones & Leeper, P.C.), Marietta, for appellee.

    Case Number: A22A1060

    Court reverses summary judgment for defendant in a trip-and-fall action where evidentiary issues remained as to the hazard and the plaintiff's knowledge of it