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  • 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.