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Publication Date: 2017-11-22
Practice Area: Civil Procedure | Wrongful Death
Industry: Agriculture
Court: Court of Appeals
Judge: Judge Doyle
Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta; William Purvis (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellant.
for defendant: James King (Hudson King), Tifton; Joseph Hudson (Sims, Fleming, Hudson & Crosby), Tifton, for appellee.
Case Number: A17A1312
Defendant was entitled to summary judgment in plaintiff's negligence action arising after her husband, a farm employee, died when he was pinned under a tractor tire while trying to remove it by himself, because the employee assumed the risk of injury as a matter of law and had equal or greater knowledge of the hazardous condition.
Publication Date: 2017-11-21
Practice Area: Civil Procedure | Contracts
Industry: Construction
Court: Court of Appeals
Judge: Presiding Judge Ray
Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee.
Larry Ramsey (ACCG), Atlanta, for amicus curiae.
Case Number: A17A1001
The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.
Publication Date: 2017-11-21
Practice Area: Civil Procedure | Government
Industry: State and Local Government
Court: Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee.
Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.
Case Number: A17A1284
The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.
Publication Date: 2017-11-17
Practice Area: Civil Procedure | Medical Malpractice
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: James Myers, Brynda Insley, Philip Henderson (Insley & Race LLC), Atlanta, for appellant.
for defendant: Marc Metts (Metts Law Firm), Douglas; Patrick Jaugstetter (Power & Jaugstetter, P. C.), McDonough; Thomas McFarland (Bruce McFarland Law), McDonough, for appellee.
Case Number: A17A0709
The trial court properly denied defendant's motion to dismiss plaintiffs' medical malpractice action because, contrary to defendant's contention, plaintiffs' expert's affidavit was sufficient to meet the requirements of O.C.G.A. 9-11-9.1.
Publication Date: 2017-11-16
Practice Area: Civil Procedure | Personal Injury
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: John Dozier, Michael Hill (Dozier Law Firm, LLC), Macon, for appellant.
for defendant: John Hawkins (Weinberg Wheeler Hudgins Gunn & Dial), Atlanta; Christopher Rodd (Whitehurst Blackburn & Warren), Thomasville, for appellee.
Charles Shenton (Young Thagard Hoffman, Smith & Lawrence), Valdosta; Elissa Haynes (Goodman McGuffey LLP), Atlanta, for other party.
Case Number: A17A1328
The trial court properly granted defendant's motion for summary judgment in plaintiff's personal injury suit alleging that defendant failed to keep a proper lookout for potential hazards when she hit a loose bull in the highway and then hit plaintiff's vehicle, because there was no evidence of how the collision with the bull occurred so there was no evidence of anything defendant could have done to avoid the collision.
Law Journal Press | Digital Book
Authors: Amy Elizabeth Stewart
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Publication Date: 2017-11-15
Practice Area: Civil Procedure | Real Estate
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Raymond Williams, Christopher Collier (Williams Teusink, LLC), Decatur, for appellant.
for defendant: Jeffrey Schneider (Weissman, PC.), Atlanta, for appellee.
Case Number: A17A0648
The trial court erred in granting summary judgment to defendant on plaintiff's claims for punitive damages and attorney fees in a boundary line dispute because genuine issues of material fact remained.
Publication Date: 2017-11-13
Practice Area: Civil Procedure | Transportation
Industry:
Court: Court of Appeals
Judge: Judge Branch
Attorneys: For plaintiff: Charles McKnight, Alison Ballard (Taylor English Duma, LLP), Atlanta, for appellant.
for defendant: Robert Baker (Miller & Martin PLLC), Atlanta; J. Davis, Lee Carter (Brinson, Askew, Berry, Seigler, Richardson & Davis LLP), Rome, for appellee.
Case Number: A17A0849
The Court partially reversed the dismissal of three related declaratory judgment actions arising out of the efforts of a county and a county airport authority to apply for a commercial Airport Operating Certificate from the Federal Aviation Administration.
Publication Date: 2017-11-13
Practice Area: Civil Procedure | Evidence | Premises Liability
Industry:
Court: Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: William Bowen, Paul Painter (Bowen Painter, LLC), Savannah; April Stafford (Stafford Law Group, LLC), Statesboro, for appellant.
for defendant: Todd Baiad, Lucas Bradley (Bouhan Falligant LLP), Savannah, for appellee.
Garret Meader, Jeffrey Ward (Drew Eckl & Farnham, LLP), Brunswick, for other party.
Case Number: A17A0906
The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.
Publication Date: 2017-11-10
Practice Area: Civil Procedure
Industry:
Court: Supreme Court
Judge: Justice Boggs
Attorneys: For plaintiff: Michael Travis Foust, Allan Leroy Parks Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
for defendant: Steven Eric Rosenberg, Ashley Jenell Moore Palmer (Office of the Fulton County Attorney), Atlanta; Deborah Lynn Dance, Lauren Smith Bruce (Cobb County Attorney's Office), Marietta; Richard A. Carothers (Carothers & Mitchell, LLC), Buford; Nikisha Lynette McDonald (DeKalb County Law Department), Decatur; Jack R. Hancock, Arash Ali Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Kenneth Edward Jarrard, Kenneth Paul Robin (Jarrard & Davis, LLP), Cumming; Donald Andrew Cronin, Jr. (O'Quinn & Cronin LLC), McDonough, for appellee.
Case Number: S17A1079
The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A. 9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.
Publication Date: 2017-11-09
Practice Area: Civil Procedure | Family Law
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Mark Jeffrey (Attorney at Law), Marietta, for appellant.
for defendant: Calandra Harps (Assistant Attorney General), Atlanta; Christopher Carr (Attorney General), Shalen Nelson (Senior Assistant Attorney General), Atlanta; Marie Watson (Marie Y Watson & Associates PC), Avondale Estates, for appellee. Leslie Abbott, Temika Murry (DeKalb County Child Advocacy Center), Decatur, for other party.
Case Number: A17A1171
The juvenile court erred in failing to hold a hearing on mother's motion for new trial in a termination of parental rights proceeding before denying the motion.
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