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  • Farid et al. v. Gaskell et al.

    Publication Date: 2022-12-01
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jacque Hawk, (The Hawk Firm), Augusta, for appellant.
    for defendant: Zachary Matthews, (McMickle, Kurey & Branch, LLP), Alpharetta, Daniel Kingsley, (Attorney at Law), Atlanta, Alexander McDonald, (Swift, Currie, McGhee and Hiers, LLP), Atlanta, for appellee.
    Case Number: A22A0899

    Court affirms summary judgment in favor of an uninsured motorist insurance carrier because injured party failed to exhaust remedies against other insurers

  • Giddens v. Metropower, Inc.

    Publication Date: 2022-12-01
    Practice Area: Personal Injury
    Industry: Cargo and Shipping
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Laura Maki, (Attorney at Law), Atlanta, for appellant.
    for defendant: Thomas Sippel, Mark Edwards, (McAngus, Goudelock & Courie, LLC), Atlanta, for appellee.
    Case Number: A22A0923

    Court reverses summary judgment for a defendant where defendant did not conclusively show that injured plaintiff assumed risk of or contributed to his injuries

  • Stankovich v. Axis Insurance Company

    Publication Date: 2022-11-29
    Practice Area: Insurance Law | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherman Moody, (Attorney at Law), Perry, Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant.
    for defendant: Duane Cochenour, (Attorney at Law), Atlanta, Nneka Egwuatu, (Clyde & Co US, LLP), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellee; Travis Meyer, Morgan Allyn, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for other party.
    Case Number: A22A0840

    Court affirms summary judgment in favor of an underinsured motorist insurance carrier where injured party was not using an insured vehicle when she was injured

  • Rogers, as administrator of the Estate of Sonny Rogers v. HHRM Self-Perform, LLC et al.

    Publication Date: 2022-11-29
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Christopher Graddock, Keenan Nix, (Morgan & Morgan Atlanta, PLLC), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Christopher Byrd, David Dial, Claire Murray, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Robert Marcovitch, (Sinton Scott Minock & Kerew), Atlanta, for appellee.
    Case Number: A22A0681

    Court affirms summary judgment in favor of a joint venture and its individual members on a deceased worker's negligence claims

  • Siegrist v. Herhold

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Hugh Rowling, Lauren Bruce, Elizabeth Monyak, (Sr. Associate County Attorney Cobb County Attorney’s Office), Marietta, for appellant.
    for defendant: Douglas Dumont, (The Ausband Firm), Stockbridge, for appellee.
    Case Number: A22A0650

    Court affirms denial of a motion to dismiss a negligence action based on official immunity, and agrees that a county official was acting in a discretionary capacity

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  • Curmode v. Alsbrooks et al.

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Stacy Crittenden, Marietta, for appellant.
    for defendant: Leslie Eason, (Gordon & Rees, LLP), Atlanta, for appellee.
    Case Number: A22A0801

    Court affirms dismissal of a negligence lawsuit against a massage therapist, finding that an exculpatory clause barring that lawsuit is not against Georgia public policy

  • City of Roswell v. Hernandez-Flores

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, Kyle Koester, (Attorney at Law), Woodstock, for appellee.
    Case Number: A22A0985

    Court reverses denial of a City's motion for summary judgment in a personal injury case, finding that the City had not waived its sovereign immunity defense

  • Morris v. Real Estate Expert Advisors, LLC et al.

    Publication Date: 2022-11-22
    Practice Area: Business Torts | Civil Procedure | Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Darren Summerville, Meghan Hatfield Yanacek, (The Summerville Firm), Atlanta, Meredith Kincaid, (Cross Kincaid), Decatur, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, Laurie Daniel, Atlanta, Adam Joffe, (Attorney at Law), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, Paul Spann, (Goodman McGuffey LLP), Atlanta, for appellee; Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for other party.
    Case Number: A22A1116

    Trial Court Erred in Granting Summary Judgment Sua Sponte on Issue Not Raised by Moving Party

  • Chausmer et al. v. Gottlieb et al.

    Publication Date: 2022-11-21
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Aaron Chausmer, (Chausmer Law LLC), Atlanta, for appellant.
    for defendant: Darryl Haynes, (Lynn Leonard & Associates), Atlanta, for appellee.
    Case Number: A22A0620

    Court affirms summary judgment in favor of one property owner whose tree fell and damaged another owner's house, finding no evidence of knowledge of a defect

  • 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