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American Multi-Cinema, Inc. v. Gillis
Publication Date: 2024-08-07
Practice Area: Premises Liability
Industry: Entertainment and Leisure
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys:
For plaintiff: David Atkinson, Lauren Kamensky, Sarah Daley, (Swift Currie McGhee & Hiers), Atlanta, for appellant.
For defendant: John Dozier, (Dozier Law Firm, LLC), Macon, Richard Jenkins, (Dozier Law Firm, LLC), Morrow, for appellee; Lervette Blair, (Parker Poe Adams & Bernstein LP), Atlanta, for other party.
Case number: A24A0537

Court reverses denial of a motion for summary judgment in a premises liability case because plaintiff had equal knowledge of an open and obvious hazard

Monterrey Mex, Inc. v. Collins
Publication Date: 2024-07-30
Practice Area: Personal Injury
Industry: Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys:
For plaintiff: David Atkinson, (Swift Currie McGhee & Hiers, LLP), Atlanta, Noah Caldwell, (Maynard Nexsen PC), New York, for appellant.
For defendant: Phillip Cody, Douglas McDonald, (McDonald & Cody Law Offices), Cornelia, Charles Cork, (Attorney at Law), Decatur, Miguel Debon, (The Debon Law Group, PC), Lawrenceville, for appellee; Russell Davis, (Downey & Cleveland), Marietta, other party.
Case number: A24A0281

Court affirms denial of summary judgment in dram shop liability case because of question of material fact over restaurant's constructive knowledge of patron's intent to drive

Meadows v. Dollar General Store
Publication Date: 2024-07-04
Practice Area: Premises Liability
Industry: Retail
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Allen Johnson, (Attorney at Law), Augusta, for appellant.
For defendant: Erica Morton, Jordan Mahoney, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellee.
Case number: A24A0347

Court affirms summary judgment for Dollar General in premises liability case where injured plaintiff had equal knowledge of a hazardous condition that was static, open, and obvious

Redfearn v. Moore et al.
Publication Date: 2024-06-26
Practice Area: Contracts | Wrongful Death
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
For defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.
Case number: A24A1028

Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer

Fun Spot America of Atlanta, Inc. v. Johnson
Publication Date: 2024-04-23
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Rebecca Strickland, Kelly Chartash, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellant.
For defendant: Je'Nita Lane, (The J. Lane Law Group, P.C.), Albany, for appellee.
Case number: A23A1463

Court reverses denial of amusement park's motion for summary judgment in a personal injury case, finding that park patron assumed the risk of injury in a go-kart collision incident

Heaton Erecting, Inc. et al. v. Gierum
Publication Date: 2024-03-13
Practice Area: Attorney Compensation
Industry: Construction
Court: Georgia Court of Appeals
Judge: Judge Land
Attorneys:
For plaintiff: Richard Watts, G. Hoffman, (Swift Currie McGhee & Hiers LLP), Atlanta, for appellant.
For defendant: David Moskowitz, (Law Office of David H. Moskowitz), Atlanta, Rebecca Halberg, (Stottlemyer & Associates), Atlanta, for appellee; Amy Urban, (Georgia State Board of Workers’ Compensation), Atlanta, for other party; Alex Wallach, (George & Wallach, LLLP), Forest Park Kyle Smith, (Evans Warncke Robinson, LLC), Atlanta, for AM.
Case number: A23A1588

Court affirms Workers' Compensation Award in a case where injured worker also received income from concurrent dissimilar employment

Wellpath, LLC v. Cox
Publication Date: 2024-02-14
Practice Area: Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Stephen Schatz, Matthew Howard, (Swift Currie McGhee & Hiers), Atlanta, for appellant.
For defendant: Patrick Flynn, (Patrick S. Flynn, LLC), Albany, Carolyn Burch, (The Burch Firm LLC), Columbus, for appellee; John Dean, (Hall Booth Smith, P. C.), Tifton, Jesse Bowles, (Attorney at Law), Cuthbert, for other party.
Case number: A23A1298

Court reverses denial of defendant's motion to withdraw an admission and grant of plaintiff's partial summary judgment motion over a respondeat superior issue in a personal injury case

Wilson et al. v. Inthachak et al.
Publication Date: 2024-01-12
Practice Area: Civil Procedure
Industry: Health Care
Court: Georgia Supreme Court
Judge: Justice Warren
Attorneys:
For plaintiff: Ranse Murphy Partin, William Kent Owens, Jr., James Thomas Cox, (Conley Griggs Partin LLP), Atlanta, James D. Hudson, (James D. Hudson, P.C.), Douglas, for appellant.
For defendant: William Richard Dekle, Sr., Sandra E. Vinueza Foster, Wiley A. Wasden, III, (Brennan & Wasden LLP), Savannah, for appellee; Jarome Gautreaux, (Gautreaux Law, LLC), Macon, for Amicus Appellant; Gregory Gaines Sewell, (Bouhan Falligant, LLP), Savannah, Pamela Newsom Lee, (Swift, Currie, McGhee & Hiers LLP), Atlanta, Elissa Blache Haynes, (Freeman Mathis & GARY, LLP), Atlanta, Patrick N. Silloway, (Balch & Bingham, LLP), Atlanta, Philip C. Thompson, (Duane Morris LLP), Atlanta, for Amicus Appellee.
Case number: S23A1095

Court returns case to appellate court, which was divided equally on the application of a particular issue, due to lack of equal division jurisdiction

Suresh & Durga, Inc. v. Jane Doe
Publication Date: 2023-11-30
Practice Area: Premises Liability
Industry: Hospitality and Lodging
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Roger Harris, Kori Wagner, (Swift, Currie Mcghee & Hiers, LLP), Atlanta, for appellant.
For defendant: Patrick McDonough, Tyler Dillard, Jonathan Tonge, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
Case number: A23A0942

Court affirms denial of motel's motion for summary judgment in a premises liability case involving sex trafficking, finding material questions of fact as to foreseeability, duty of care, and causation

Hines Interests Limited Partnership et al. v. Wright
Publication Date: 2023-10-12
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Lauren Meadows, Stephen Schatz, (Swift Currie McGhee & Hiers), Atlanta, or appellant,
For defendant: Jason Graham, (Graham Legal, LLC), Atlanta, for appellee; Parks Stone, Lawrence Washburn, Kristina Thompson, Devin Arnold, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, for other party.
Case number: A23A0680

Court reverses trial court ruling and concludes that certain defendants should have been dismissed under the two-dismissal due to privity with another defendant

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