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Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC
Publication Date: 2023-08-15
Practice Area: Damages | Evidence
Industry: Agriculture
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, Nathan Lee, (Glover & Davis, P.A.), Newnan, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellant.
For defendant: Nowell Berreth, (Alston & Bird LLP), Atlanta, Max Marks, (The Block Firm, LLC), Atlanta, for appellee.
Case number: A23A0438

Court affirms punitive damages and fee awards for a lessee of farm property after a successor lessor locked the lessee out of the property with malice and in bad faith

Georgia CVS Pharmacy, LLC v. Carmichael
Publication Date: 2023-08-15
Practice Area: Premises Liability
Industry:
Court: Georgia Supreme Court
Judge: Justice Bethel
Attorneys:
For plaintiff: Laurie Webb Daniel, Matthew D. Friedlander, (Webb Daniel Friedlander LLP), Atlanta, Brian David Trulock, (Magmutual Insurance Company), Atlanta, Carrie A. Moss, (Bendin Sumrall & Ladner, LLC), Atlanta, Keith Robert Blackwell, William Joseph Repko, III, (Alston & Bird LLP), Atlanta, for appellant.
For defendant: Naveen Ramachandrappa, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, Peter Andrew Law, Brian Colty Kaplan, (Law & Moran), Atlanta, James Alexander Rice, Jr., Andrew J. Brandt, (James A. Rice, Jr., P.C.), Atlanta, , for appellee; Judson Herben Turner, (Gilbert Harrell Sumerford & Martin, P.C.), Brunswick, Valentin Leppert, Martha Banner Banks, (King & Spalding LLP), Atlanta, Rebecca Woods, Esther Slater McDonald, (Seyfarth Shaw LLP.), Atlanta, Adeline K Lambert, Kyle D. Hawkins, Drew F. Waldbeser, (Lehotsky Keller LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & Gary, LLP), Atlanta, Martin Adam Levinson, (Hawkins Parnell Thackston & Young LLP), Atlanta, Amicus Appellant; Gilbert H. Deitch, Andrew Timothy Rogers, Kara Elizabeth Phillips, William Michael D'Antignac, (Deitch & Rogers LLC), Atlanta, for Amicus Appellee.
Case number: S22G0527

Court rules that in premises liability cases, the reasonable foreseeability of a third-party criminal act is a factual determination linked to a proprietor's obligations

Columbus, Georgia Board of Tax Assessors et al. v. The Medical Center Hospital Authority.
Publication Date: 2023-08-14
Practice Area: Real Estate | Tax
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Robert Lomax, (Robert R. Lomax, LLC), Columbus, Charles Palmer, (Troutman & Sanders LLP), Atlanta, for appellant.
For defendant: Jerry Buchanan, (Buchanan Law Firm, PC), Columbus, Andrew Rothschild, (Rothschild & Rothschild, P.C.), Columbus, Robert Ashe, Matthew Sellers, (Bondurant Mixson & Elmore), Atlanta, for appellee.
Case number: A23A0373

Court affirms exemption from property taxation for an elder care facility leased and managed by a hospital authority for a public purpose

Golden v. Floyd Healthcare Management, Inc. d/b/a Floyd Medical Center
Publication Date: 2023-08-09
Practice Area: Civil Procedure | Medical Malpractice
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Michael Regas, (Stone Law Group), Atlanta, William Stone, (Stone Law Group - Trial Lawyers, LLC), Blakely, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, Ryals Stone, (Boone & Stone), Atlanta, C. Connelly, (Cook & Connelly), Summerville, for appellant.
For defendant: Julius Peek, Jason Sanker, Benjamin Stell, (Mcrae Smith Peek Harman & Monroe LLP), Rome, Robert Monroe, (Mcrae, Stegall, Peek ET AL), Cedartown, for appellee.
Case number: A23A0118

Medical Malpractice Statute of Repose Not Tolled by COVID-19 Emergency Judicial Orders

August 08, 2023 | Daily Report Online

Jury's $80M Personal Injury Verdict Deemed 'Too Low' After Plaintiff Paralyzed

"I thought it was too low for the pain and suffering and the value of the life," said plaintiff attorney Ben C. Brodhead of Brodhead Law. "I thought what she went through was so horrible that no amount of money would be sufficient."
6 minute read
Pass v. Athens Housing Authority
Publication Date: 2023-08-07
Practice Area: Premises Liability
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Naveen Ramachandrappa, Matthew Sellers, (Bondurant, Mixson & Elmore LLP), Atlanta, Peter Law, Ernest Moran, Elizabeth Rose, (Law & Moran), Atlanta, for appellant.
For defendant: Monica Dean, Parks Stone, Lawrence Washburn, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, Laurie Daniel, Atlanta, Roy Manoll, (Fortson Bentley And Griffin), Athens, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
Case number: A23A0344

Court reverses ruling that a City Housing Authority was entitled to summary judgment due to sovereign immunity on a premises liability claim

July 28, 2023 | Daily Report Online

Autoliv Settles Ga. Seat Belt Product Liability Case for $56M, Half of Verdict Amount

"It took too long, but this is a great result for the Andrews family," James E. "Jim" Butler Jr., a partner with Butler Prather in Atlanta and the lead plaintiff attorney, said in a news release.
5 minute read
July 07, 2023 | Daily Report Online

'This Effectively Destroys an Entire Class of Claims': Ga. Court of Appeals Weighs In on Defective Road Litigation

"When [the Court of Appeals] notifies you you're going on the road, it's either because they think the case is interesting, or they think the lawyers are interesting or both," said Bondurant Mixson & Elmore attorney Robert Ashe.
7 minute read
July 05, 2023 | Daily Report Online

A Supreme Court Win Led to a Reversal of This Litigation Team's Prior Loss

After Darren Penn and Mike Terry successfully argued on behalf of sexual abuse victims of the Catholic Church before Supreme Court of Georgia, the Court of Appeals reversed its position on one of their previously rejected cases.
4 minute read
June 30, 2023 | Daily Report Online

Court Missed the Mark When It Comes to Premises Liability, Justices Find

"A jury asked to apportion only negligence could have rationally concluded that the assailant was zero-percent negligent, because intentional conduct is not negligence," wrote Justice Andrew A. Pinson in a concurrence to the Supreme Court of Georgia rulings.
9 minute read

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