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Hayes v. KSP Services, LLC et al.
Publication Date: 2024-08-16
Practice Area: Employment Litigation | Personal Injury
Industry: Consulting
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Warren Smith, Jeremy Pineres, James Adamoli, (W. Calvin Smith II PC), Atlanta, for appellant.
For defendant: Andrew Horowitz, J Vincent Lally, (Drew Eckl & Farnham, LLP), Atlanta, for appellee.
Case number: A24A0361

Court reverses summary judgment that had been in defendants' favor in a workers' compensation dispute and affirms denial of defendants' motion for discovery sanctions

Ferguson et al. v. Spraggins
Publication Date: 2024-07-09
Practice Area: Insurance Law | Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Charles Adams, (Kenneth S. Nugent, P.C.), Macon, Caroline Herrington, Ashley Pitts, (Adams & Jordan PC), Macon, Alex Kaplan, (Brimberry Kaplan & Brimberry, PC), Albany, for appellant.
For defendant: Sean Gill, (Gower Wooten Darneille, LLC), Atlanta, for appellee; Franklin Coleman, (Drew Eckl & Farnham), Albany, Barbara Marschalk, (Drew Eckl & Farnham), Atlanta, William Larsen, (Martin Snow, LLP), Macon, Matthew Lawrence, Jeremy Willis, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for other Party.
Case number: A24A0853

Court affirms summary judgment for defendant in wrongful death- automobile accident case following execution of imited liability release by plaintiffs

Carnegay v. Wal-Mart Stores, Inc. et al.
Publication Date: 2024-03-26
Practice Area: Civil Appeals
Industry: Retail
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Craig Jones, (Craig T. Jones, PC), Savannah, Steven West, (Days & West, P. C.), Atlanta, for appellant.
For defendant: Leslie Becknell, Michael Miller, Douglas Smith, (Drew, Eckl & Farnham, LP), Atlanta, for appellee.
Case number: A23A1758

Court affirms summary judgment for retailer and against plaintiff who sued for battery and false imprisonment after a security officer beat him with a baton in a shoplifting incident

Toliver v. Dawson et al.
Publication Date: 2024-01-26
Practice Area: Personal Injury
Industry: Transportation
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Charles Wardlaw, (The Law Office of Charles Wardlaw), Marietta, for appellant.
For defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Rodney Dillard, (Bake Donelson, Bearman, Caldwell & Berkowitz, PC), Birmingham, for appellee.
Case number: A23A1252

Court affirms dismissal of personal injury vehicle accident claim due to expiration of statute of limitations

MTN Investments, LLC v. D. Magen, LLC
Publication Date: 2023-11-17
Practice Area: Deals and Transactions
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: David Rusnak, Roberto Bazzani, (Drew Eckl Farnham), Atlanta, for appellant.
For defendant: Eugenia Iredale, Steven Kushner, (Fellows La Briola, LLP), Atlanta, for appellee; Todd Hatcher, (Gregory, Doyle, Calhoun & Rogers, LLC), Marietta, for other party.
Case number: A23A0871

Court reverses contempt order and default judgment in a lawsuit over breach of fiduciary duty in a real estate matter because the order lacked clear and definite terms

Fowler Office Park, LLC v. Greenprints Alliance, Inc. et al.
Publication Date: 2023-11-16
Practice Area: Contractual Disputes
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: John Connolly, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellant.
For defendant: Eldon Basham, Donald Gillis, Robert Ingram, Angela Smith, (Moore, Ingram, Johnson & Steele), Marietta, Robert Quinn, John Reale, (Drew, Eckl & Farnham), Atlanta, Alkesh Patel, (Georgia Law Department), Atlanta, for appellee.
Case number: A23A0751

Court reverses judgment that had been in favor of prospective seller in a property sale dispute but affirms judgement that third parties had not tortiously interfered with the underlying contract

Harris v. Butler et al.
Publication Date: 2023-07-14
Practice Area: Administrative Law | Employment Litigation
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Grace Dinger, (Atlanta Legal Aid), Atlanta, for appellant.
For defendant: Christopher Carr, (Attorney General), Atlanta, Katherine Stoff, (State Law Department), Atlanta, Megan Noble, Joi Siler, (Drew Eckl and Farnham), Atlanta, for appellee.
Case number: A23A0472

Family Member's Emergency Hospitalization Was "Providential Cause" Justifying Reopening Unemployment Benefits Hearing

Power v. Toccoa Dreams, LLC et al.
Publication Date: 2023-03-31
Practice Area: Premises Liability
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: William Jourdain, Brittany Hepner, (The Minor Firm), Dalton, for appellant.
For defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Nathan Hall, (Drew Eckl & Farnham, LLP), Chicago, for appellee; Sarah Illg, (Teague Law), East Ellijay for other party.
Case number: A22A1347

A renter of a vacation property is not liable for a slip and fall accident under an exculpatory clause in the rental agreement, as that clause is void under OCGA §13-8-2(b).

Irish Angela Frey, et al. v. Michael C. Jesperson et al.
Publication Date: 2023-02-22
Practice Area: Insurance Litigation | Wrongful Death
Industry: Insurance
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Michael Ford, (Ford & Josey, P. C.), Gainesville, for appellant.
For defendant: Travis Meyer, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Stevan Miller, Lisa Richardson, (Drew Eckl & Farnham, LLP), Atlanta, Megan Prince-Miller, (Law Offices of McLaughlin & Ream), Atlanta, for appellee.
Case number: A22A1589

Court affirms summary judgment for an insurer in a wrongful death case, finding that decedent had selected reduced-by and not add-on underinsured motorist coverage

Heritage Roof Truss, Inc. v. Leeper et al.
Publication Date: 2022-11-30
Practice Area: Civil Procedure | Contractual Disputes
Industry: Construction
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys:
For plaintiff: Barbara Marschalk, Michelle Whitelaw, (Drew Eckl & Farnham LLP), Atlanta, for appellant.
For defendant: Chad Reed, (Attorney at Law), Marietta, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for appellee; Chad Shultz, Vernon Hill, (Gordon Rees Scully Mansukhani LLP), Atlanta, Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, Nanette Wesley, (Wesley Firm, LLC), Roswell, Samantha Skolnick, (Bloom Parham LLP), Atlanta, for other party.
Case number: A22A1066

Court reverses denial of motion to dismiss amended complaint where defendant was added after expiration of statute and did not know it would be named as a party

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