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  • Mercer University v. Stofer, et al.

    Publication Date: 2020-05-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brian Trulock, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, for appellant.
    for defendant: Ranse Partin, Davis Popper, (Conley Griggs Partin LLP), Atlanta, for appellee.
    Case Number: A17A1515

    After Concertgoer's Fatal Injury at University's Free Concert, University Is Entitled to Immunity From Suit Under Recreational Property Act

  • Ermert v. Wildwood At Meadow Gate Homeowners Association, Inc. et al.

    Publication Date: 2020-03-26
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: David Groff, (Attorney at Law), Snellville, William Tinkler, (Attorney at Law), Decatur, for appellant.
    for defendant: Melissa Segel, Nelofar Agharahimi, Emily Marshall, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellee. Samantha Mandell, Michael Kendall, (Kendall Law Group, LLC), Douglasville, for other party.
    Case Number: A19A2342

    Court affirms summary judgment for property owner in slip-and-fall case where injured party could not establish property owner's knowledge of the hazard

  • City of Atlanta v. Dale

    Publication Date: 2020-03-24
    Practice Area: Premises Liability | Real Estate
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Torrey Smith, Sherida Mabon, Nina Hickson, (City of Atlanta Department of Law), Atlanta, for appellant.
    for defendant: Michael Baskin, (The Baskin Law Group, P.C. Peachtree Center North Tower), Atlanta, for appellee.
    Case Number: A19A2012

    Premises Liability Plaintiff Failed to Show Dangerous Manhole Constituted Public Nuisance

  • Ridley v. Dolgencorp, LLC

    Publication Date: 2020-03-05
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Christopher Rhodes, (Rhodes Law, P.C.), Dalton, for appellant.
    for defendant: Jason Wyrick, Adam Schmidt, (The Law Offices of McLaughlin, Ream & Wyrick), Atlanta, for appellee.
    Case Number: A19A2235

    Shopper Who Stumbled Over Concrete Paving Abutment Failed to Exercise Reasonable Care

  • First Communities Management, Inc. v. Holmes

    Publication Date: 2020-01-27
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Brian Johnson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Alfreda Williams, (Attorney at Law), Decatur, for appellee.
    Case Number: A19A1829

    Management company was entitled to summary judgment in a slip-and-fall case because claimant's speculation did not show that a hazardous condition existed.

  • Law Journal Press | Digital Book

    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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  • Khalia, Inc. v. Rosebud

    Publication Date: 2020-01-13
    Practice Area: Civil Appeals | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander, (Holland & Knight, LLP), Atlanta, for appellant.
    for defendant: Glenn Bass, Molly Moyer, (Scrudder Bass Quillian Horlock Taylor & Lazarus), Atlanta, Michael Rafi, (Rafi Law Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, Darren Summerville, (The Summerville Firm, LLC), Atlanta, for appellee.
    Case Number: A19A1891

    Court affirms premises liability award because property manager failed to preserve the matter for appeal, and the evidence supported it.

  • Preservation Management, Inc. et al. v. Herrera, as Conservator of B. W., A Minor

    Publication Date: 2019-12-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Scott Huray, Robert Marcovitch, Jack Butler, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Evans, (Attorney at Law), Atlanta, Naveen Ramachandrappa, (Bondurant, Mixson & Elmore LLP), Atlanta, Alyson Evans, (Evans Law, LLC), Atlanta, for appellee.
    Case Number: A19A0777

    Court vacates and remands denials of motions for summary judgment and to compel discovery for determination of the merits of plaintiff's motion to compel

  • Smith et al. v. Camarena et al.

    Publication Date: 2019-12-13
    Practice Area: Employment Litigation | Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Carson Jeffries, (Carter Jeffries, LLC), Atlanta, Ralph Perales, (Perales & Fernandez, LLP), Atlanta, Greg Willis, (Willis Law Firm), Atlanta, for appellant.
    for defendant: William Allred, William Barrickman, (Barrickman, Allred & Young, LLC), Atlanta, Lloyd Hedrick, (Hedrick Law LLC), Atlanta, for appellee.
    Case Number: A19A1396

    Triable Issue of Fact As To Whether Employee Was Shot and Killed in Parking Lot During Course and Scope of Employment

  • Cham et al. v. ECI Management Corporation et al.

    Publication Date: 2019-12-10
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: R. Campbell, Daniel Beer, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
    for defendant: John Hall, Jeffery Saxby, (Hall Booth Smith, PC), Atlanta, for appellee.
    Case Number: A19A1336

    Court reverses jury verdict due to trial court's error in granting a jury charge on assumption of risk in a negligence and wrongful death action

  • Handberry et al. v. Manning Forestry Services, LLC

    Publication Date: 2019-12-10
    Practice Area: Personal Injury | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellee.
    Case Number: A19A1321

    Circumstantial evidence was insufficient to create an issue of fact as to knowledge of the existence of an open well in a survivor's negligence action against a contractor