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  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2018-05-08
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell (Bell Law Firm), Atlanta; Sidney Moore (The Moore Law Firm PC), Atlanta; James Wilson (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell (Huff Powell Bailey LLC), Atlanta, for appellee. Heather McGrotty (Weathington Mgrew PC), Atlanta; Paul Weathington (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    The trial court erred in denying plaintiffs' motion for additur or, alternatively, for a new trial on damages, because the jurys award of zero damages for medical malpractice plaintiff's past pain and suffering rendered the award of damages so clearly inadequate under a preponderance of the evidence as to shock the conscience and necessitate a new trial under O.C.G.A. § 51-12-12 (b).

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.
    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • Norfolk Southern Railway Company v. Lewis

    Publication Date: 2018-04-27
    Practice Area: Damages | Evidence | Labor Law
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Walker Stewart (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: John Moss, John Steel (Steel and Moss LLP), Atlanta, for appellee.
    Case Number: A17A2081

    Evidence of Workers' Compensation Claimant's Self-employment Activity was Relevant to Issues of Lost Wages, Earning Capacity, and Pain and Suffering

  • Chrysler Group LLC n/k/a FCA US LLC v. Walden et al.

    Publication Date: 2018-04-25
    Practice Area: Damages | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Terry Otho Brantley, Mary Diane Owens, Bradley S. Wolff (Swift, Currie, McGhee & Hiers, LLP), Atlanta; Thomas H. Dupree Jr., Rajiv Mohan (Gibson, Dunn & Crutcher LLP), Washington, for appellant.
    for defendant: Karsten Bicknese, Robert Howard Betts (Seacrest, Karesh, Tate & Bicknese, LLP), Atlanta; James E. Butler Jr. (Butler, Wooten Cheely & Peak LLP), Atlanta; James Edward Butler III (Butler Tobin LLC), Atlanta; Cathy Cox (Mercer Law School), Macon; George C. Floyd (Floyd & Kendrick LLC), Bainbridge; Leigh Martin May (Butler, Wooten, Overby, Fryhofer), Atlanta; Michael Brian Terry, Frank Mitchell Lowrey IV (Bondurant, Mixson & Elmore, LLP), Atlanta; David Thomas Rohwedder (Butler Wooten & Peak LLP), Atlanta, for appellee. Michael Roger Boorman (Huff, Powell & Bailey, LLC), Atlanta; Brian David Boone, Kyle G.A. Wallace, Caroline M. Rawls, William Herman Jordan (Alston & Bird LLP), Atlanta; Christopher Randall Jordan (Hunter Maclean Exley & Dunn), Brunswick; Martin Adam Levinson (Hawkins Parnell Thackston & Young LLP), Atlanta; Garret Warrington Meader (Drew ECKL & Farnham LLP), Brunswick; James Randolph Evans, Anthony Wyatt Morris (Dentons US LLP), Atlanta, for amicus appellant. Matthew Britt Stoddard (The Stoddard Firm), Atlanta, for amicus appellee. Therese S. Barnes (Georgia Supreme Court), Atlanta, for other party. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; D. Victor Reynolds, John Stuart Melvin, Michael Scott Carlson, John Richard Edwards, Amelia Greeson Pray (Cobb County District Attorney's Office), Marietta, for neutral amicus.
    Case Number: S17G0832

    The Court of Appeals did not err in affirming the trial court's decision finding that the compensation of the CEO of a car manufacturing company was admissible in a wrongful death suit because the prejudicial effect of the evidence did not outweigh its probative value pursuant to Rule 403.

  • Wellstar Kennestone Hospital v. Roman

    Publication Date: 2018-02-28
    Practice Area: Civil Procedure | Damages | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Daniel Moriarty (Green Sapp & Moriarty LLP), Atlanta, for appellant.
    for defendant: Jonathan Adelman, Ashley Rice (Waldon Adelman Castilla Hiestand & Prout), Atlanta; William Baker (Worsham, Corsi, Scott, Knighten & Dobur), Atlanta, for appellee. Adam Long (Burrow & Associates LLC), Darrell Burrow (Attorney at Law), Duluth; Georgia Defense Lawyers Association ("GDLA"), Atlanta; Martin Levinson, William Martin (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party. Matt Nasrallah (Robertson, Bodoh & Nasrallah, LLP), Marietta, for amicus curiae.
    Case Number: A17A1497

    The trial court did not abuse its discretion in denying non-party hospital's motion to modify a subpoena in a lawsuit arising out of an automobile collision.

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    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Weinstein v. Holmes et al.

    Publication Date: 2018-02-28
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laura Barron (Dickinson & Associates), Woodstock; Curtis Dickinson (Attorney at Law), Woodstock, for appellant.
    for defendant: Christina Sears (Dodson & Associates), Alpharetta, for appellee.
    Case Number: A17A1526

    The trial court erred in granting partial summary judgment to defendants in a negligence action arising after defendants' dogs allegedly attacked a dog plaintiff was walking, killing the dog and injuring plaintiff, as there was sufficient evidence for the issue of punitive damages to go to a jury.

  • Six Flags Over Georgia II, LP et al. v. Martin; and vice versa

    Publication Date: 2017-11-01
    Practice Area: Business Torts | Damages
    Industry:
    Court: Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Laurie Daniel (Holland & Knight), Atlanta; Vernon Strickland (Wargo & French LLP), Atlanta; Charles McDaniel (Carlock, Copeland & Stair, LLP), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Leland Kynes (Kynes Law, LLC), Atlanta; Mellori Lumpkin, Atlanta, for appellant.
    for defendant: Andrew Rogers, Gilbert Deitch (Deitch & Rogers, LLC), Atlanta; Timothy Peagler (Law Offices of Michael Lawson Neff, P.C.), Atlanta; Naveen Ramachandrappa, Michael Terry (Bondurant, Mixson & Elmore LLP), Atlanta; Michael Neff (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A0828

    Amusement park was liable to plaintiff for injuries he sustained after gang members viciously attacked him at a bus stop outside the park, even though plaintiff suffered his injuries beyond park's premises and approaches, but the Court of Appeals erred in ruling that the case had to be retried in its entirety due to an apportionment error, because liability and the calculation of damages sustained were distinct from the apportionment of fault and the apportionment error required retrial only for the apportionment of damages.

  • 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.