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Creeden v. Fuentes
Publication Date: 2009-02-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys:
For plaintiff: Clare Michaud and David F. Root Carlock, Copeland & Stair LLP, Atlanta, for appellant.
For defendant: . Marvin A. Devlin, Jacob S. Eby Devlin & Robinson PC, Atlanta, Jeffrey A. Daxe Moore, Ingram, Johnson & Steele LLP, Marietta, and Debra A. Rickles, Duluth, for appellee.
Case number: A08A2331

The plaintiff's statutory employer was immune from suit for injuries the plaintiff suffered while working at a construction

Thompson v. Allstate Ins. Co.
Publication Date: 2009-02-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys:
For plaintiff: Wilson R. Smith Smith & Jenkins PC, Vidalia, for appellant.
For defendant: . Joseph H. Barrow Barrow & Ballew PC, Julie D. Culhane Culhane & Assocs., G. Mason White, James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, Frederick M. Valz III, Hugh M. Ruppersburg and Ambadas B. Joshi Carlock, Copeland & Stair LLP, Atlanta, for appellees. Amicus appellant: Darren W. Penn Harris, Penn & Lowry LLP, Atlanta, and Charles M. Cork III, Macon.
Case number: S08G1594; S08G1595

Although the appellants had to exhaust liability coverage before pursuing UM claims for injuries sustained in the underlying accident, their release did not unambiguously show that the first appella

January 18, 2008 |

Insurer Wants Shield From $1.3M Damage Claim Against Lawyer at Center of TB Scare

It's been seven months since a young Atlanta lawyer set out for a romantic wedding getaway only to spur an international tuberculosis scare that left him at the center of intense media scrutiny, public outrage and a multiplaintiff civil suit in Canada. This week the homeowners' insurance company for Andrew H. Speaker asked a Georgia judge to declare that it is not responsible for more than $1.3 million in damage claims related to that suit, originally filed by fellow airline passengers last year.
10 minute read
Kaminer v. Canas
Publication Date: 2007-11-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Carley, George H.
Attorneys:
For plaintiff: Adam L. Appel and Kim M. Ruder Carlock, Copeland, Semler & Stair LLP, Atlanta, for Kaminer. J. Robert Persons Smith Moore LLP, William L. Ballard Scherffius, Ballard, Still & Ayres and Michael G. Regas II, Atlanta, for Canas. Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Atlanta, and Bryan F. Dorsey, Marietta, for Board of Regents of University System of Ga. James S. V. Weston Hull, Towill, Norman, Barrett & Salley, Augusta, for MCG Health Inc. William P. Franklin Jr., Christopher L. Ray and Leslie P. Sheehan Oliver, Maner & Gray LLP, Savannah, for Al-Jabi. Amicus appellant: Temple Sellers, Marietta, Donald J. Palmisano Jr. Medical Assoc. of Ga., H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, Daniel J. Huff Huff, Powell & Bailey and Shannon C. Shipley, Atlanta. Amicus appellee: Charles M. Cork III, Macon, and J. Marcus E. Howard Pope & Howard PC, Atlanta. Other party representation: Stephen E. Curry, Augusta.
For defendant:
Case number: S07G0489; S07G0566; S07G0578; S07G0587

The 2-year statute of limitation began to run on the plaintiff's misdiagnosis claim on the dates that his treating physicians first failed to diagnose the plaintiff's AIDS cond

Blackmon v. Tenet Healthsystem Spalding Inc.
Publication Date: 2007-10-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys:
For plaintiff: Thomas D. Trask and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for Blackmon. Thomas S. Carlock and Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, for Webb and others. Kevin P. Race and Brian K. Mathis Insley & Race LLC, for Tenet Heathsystem.
For defendant:
Case number: A07A1840; A07A2284; A07A2283

The decedent's mother lacked standing to bring a wrongful death action in state court where the decedent's spouse survive

Brady v. Elevator Specialists Inc.
Publication Date: 2007-09-07
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys:
For plaintiff: David S. Currie, Atlanta, for appellant.
For defendant: . Ambadas B. Joshi, Frederick M. Valz III Carlock, Copeland, Semler & Stair LLP, Stephen L. Cotter and William J. Martin Swift, Currie, McGhee & Heirs, Atlanta, for appellees.
Case number: A07A1115

The defendants had in place extensive program of elevator inspection and repair, the second defendant inspected the elevator in question on day before and day of the plaintiff's injury and the plain

Baxley v. Hakiel Indus. Inc.
Publication Date: 2007-08-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Johnson, Edward H.
Attorneys:
For plaintiff: Thomas W. Malone Malone Law Office and Frank A. Ilardi Houck Ilardi & Regas, LLP, Atlanta, for appellant.
For defendant: Terrell W. Benton, III Hall, Booth, Smith & Slover PC, Frederick M. Valz III Webb, Carlock, Copeland, Semler & Stair, and Laura D. Tubbs Magill & Atkinson LLP, Atlanta, for appellees.
Case number: A06A0715

The spoliation doctrine dictated a presumption against the first defendant in plaintiff's dram shop suit, since the first defendant's manager was aware of her customer's involvement in the accident

Mitsubishi Motors Credit of Amer. Inc. v. Sheridan
Publication Date: 2007-08-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys:
For plaintiff: Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellant.
For defendant: Ronald L. Cundy Rumsey & Ramsey, Atlanta, for appellees. Other party representation: James R. Doyle II and Ashley S. Harris Carlock, Copeland, Semler & Stair, Atlanta.
Case number: A07A0384

The defendant successfully set aside the foreclosure of a vehicle for lack of notice, so the foreclosure judgment was void and the subsequent buyers could not establish ownership, which was fatal t

Mitsubishi Motors Credit of Amer. Inc. v. Sheridan
Publication Date: 2007-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Adams, A. Harris
Attorneys:
For plaintiff: Burleigh L. Singleton Kilpatrick Stockton LLP, Atlanta, for appellant.
For defendant: Ronald L. Cundy Rumsey & Ramsey, Atlanta, for appellees. Other party representation: James R. Doyle II and Ashley S. Harris Carlock, Copeland, Semler & Stair, Atlanta.
Case number: A07A0384

The defendant successfully set aside the foreclosure of a vehicle for lack of notice, so the foreclosure judgment was void and the subsequent buyers could not establish ownership, which was fatal t

Valentin v. Six Flags Over Ga. II LP
Publication Date: 2007-07-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Bernes, Debra
Attorneys:
For plaintiff: Donald W. Singleton, Smyrna, and Charles M. Cork III, Macon, for appellant.
For defendant: Heather H. Miller Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellee.
Case number: A07A0632

The absence of prior incidents did not absolve the defendant from liability for its alleged failure to inspect and remedy a mildewed rubber mat on the stairway exiting its water

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