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Rafac v. Jiangsu Linhai Power Machinery Group Corporation
Publication Date: 2024-07-24
Practice Area: Civil Procedure | Personal Injury
Industry: Manufacturing
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
For defendant: Donald Swift, (Andersen, Tate, Carr), Duluth, for appellee.
Case number: A24A0092

Court affirms dismissal of personal injury complaint against ATV manufacturer due to improper service, concluding that a deposition of a registered agent was timely

Pollard v. Deloach
Publication Date: 2024-07-24
Practice Area: Premises Liability
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Joseph Mulherin, (Owens & Mulherin), Savannah, for appellant.
For defendant: Walter Ballew, (Barrow & Ballew, P.C.), Savannah, for appellee.
Case number: A24A0539

Court reverses summary judgment that had been in favor of a landlord in a premises liability case, finding that a jury must consider landlord's constructive knowledge of hazard

General Security Indemnity Company of Arizona v. Gerald Jones Ford, LLC
Publication Date: 2024-07-24
Practice Area: Insurance Law
Industry: Automotive
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Paul Fields, Stephen Kahn, Taylor Lear, (Fields Howell, LLP), Atlanta, Jeffrey Kershaw, (Kershaw White LLC), Atlanta, David Albaugh, (Christensen Hsu Sipes, LLP), Chicago, for appellant.
For defendant: Bowen Klosinski, (Klosinkis Overstreet LLP), Augusta, for appellee; Jerquavious Berry, Thomson, for other party.
Case number: A24A0477

Court reverses summary judgment for a car dealership in an insurance dispute, clarifies "invalid" policy interpretation, and rules in favor of dealership's insurer

Pollard v. Great Dane, LLC
Publication Date: 2024-07-24
Practice Area: Personal Injury
Industry:
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Randall Schmidt, Savannah, for appellant.
For defendant: Allan Galis, David Burkoff, Gracie Shepherd, (Hunter Maclean Exley & Dunn, P.C.), Savannah, for appellee; Robert Turner, Carolyn Spellman, (Savage Turner Pinckney Savage & Sprouse), Savannah, for other party.
Case number: A24A0545

Court reverses summary judgment in favor of defendant in a personal injury/loss of consortium case, citing reasonable explanation for conflicting testimony as to dates of separation

Jones v. Hughley
Publication Date: 2024-07-23
Practice Area: Family Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Pipkin
Attorneys:
For plaintiff: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, for appellant.
For defendant: Tynesha Walls, (Rhodes Walls Law Office, LLC), Snellville, Dana Davis, (Tucker Davis Law LLC), East Point, for appellee.
Case number: A24A0567

In multiple challenges to custody decisions involving an 18-year old special needs child, the court of affirmed contempt and attorney fee rulings but declares custody claims moot

Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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Lawhorne et al. v. Douglas
Publication Date: 2024-07-23
Practice Area: Civil Procedure | Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Daniel Huff, Randolph Powell, T. Tucker, Alexander Vey, (Huff Powell & Bailey), Atlanta, for appellant.
For defendant: Robert Turner, (Savage, Turner, Pinckney & Savage), Savannah, Christopher Britt, Jeremy McKenzie, (Karsman, McKenzie & Hart), Savannah, for appellee.
Case number: A24A0556

Court affirms $4.5 million verdict in a medical malpractice case and rejects defendant's challenge to jury instruction on availability of insurance benefits

Marion A. Allen, Inc. et al. v. Blake C. Johnston et al.
Publication Date: 2024-07-23
Practice Area: Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Charles Adams, (Adams Law Firm), Fort Valley, Joseph Bloodworth, (Bush, Crowley, Leverett & Leggett, LLP), Macon, for appellant.
For defendant: John Fox, (Adams, Hemingway & Wilson, LLP), Macon, for appellee.
Case number: A24A0213

Court reverses denial of summary judgment in real estate fraud case, concluding that there was no factual dispute that property purchasers had failed to exercise due diligence after notice of defect

Preview Restaurants, LLC v. Shops At 2221 Peachtree, LLC
Publication Date: 2024-07-23
Practice Area: Contracts | Real Estate
Industry: Hospitality and Lodging | Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: David Cheng, (Attorney at Law), Atlanta, for appellant.
For defendant: Katherine Silverman, (Berman Fink Van Horn P.C.), Atlanta, for appellee.
Case number: A24A0237

Court affirms lease termination and admissibility of restoration cost estimate as a non-hearsay business record in a commercial dispossessory case

Dates et al. v. City of Atlanta
Publication Date: 2024-07-22
Practice Area: Civil Procedure | Personal Injury
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Jonathan Sexton, (Sexton Law Firm, LLC), McDonough, for appellant.
For defendant: Alisha Johnson, Alicia Gant, (Rockdale County District Attorney’s Office), Conyers, Nathan Stuckey, (Attorney at Law), Augusta, for other party.
Case number: A23A0783

Court affirms dismissal of injury claim due to insufficient ante litem notice

Rivera v. The State
Publication Date: 2024-07-22
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Katie Borodin, Eliot Abt, (The Abt Law Firm, LLC), Atlanta, for appellant.
For defendant: Patsy Austin-Gatson, Angela Mattozzi, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
Case number: A24A0299

Court reverses sexual exploitation conviction and remands for a new trial due to defendant's improper waiver of right to counsel, which was not done knowingly and intelligently

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