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  • Julie B. Hazard v. Medlock Tavern, Inc. d/b/a Old Fountain Tavern

    Publication Date: 2022-09-09
    Practice Area: Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jan Cohen, Russell Deutschman, Mary Paulson, (Kenneth S. Nugent, PC), Duluth, for appellant.
    for defendant: Seth Friedman, Racquel McGee, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A22A0730

    Court reverses summary judgment order for a defendant in a slip and fall lawsuit because genuine issues of material fact existed as to defendant's superior knowledge

  • Atlantic Specialty Insurance Company v. City of College Park et al.

    Publication Date: 2022-05-27
    Practice Area: Insurance Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Seth Friedman, Christopher Meeks, (Lewis Brisbois Bisgaard and Smith), Atlanta, for appellant.
    for defendant: Karen Woodward, (Cruser & Mitchell, LLP), Norcross, Alwyn Fredericks, (Attorney at Law), Atlanta, Anna Cross, (The Cross Firm LLC), Decatur, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Maxwell Thelen, (Ashby Thelen Lowry), Marietta, for appellee; Reginald McClendon, (Lister & Holt, LLC), Jonesboro, Alisha Wyatt-Bullman, (City of Atlanta Law Department), Atlanta, for other party.
    Case Number: A20A1104

    City did not waive sovereign immunity claims for amounts above liability insurance limits even though it purchased insurance for higher amounts

  • Stillwell v. Topa Insurance Company

    Publication Date: 2022-04-05
    Practice Area: Civil Procedure | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Frederick Burkey, (The Burkey Law Firm, P.C.), Atlanta, Sidney Moore, (The Moore Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Seth Friedman, Ronald Masterson, Victoria Munian, (Lewis Brisbois Bisgaard & Smith), Atlanta, for appellee; Kevin Branch, (McMickle, Kurey & Branch LLP), Alpharetta, Kenneth Barre, (Downey & Cleveland, LLP), Marietta, for other party.
    Case Number: A21A1752

    Plaintiff Had Standing to Sue Insurer Where Trial Court Had Subject Matter Jurisdiction Over Issues Presented in Complaint.

  • SRA Management, LLC d/b/a Olympus Fenwick Luxury Apartments et al. v. Shirley Prince et al.

    Publication Date: 2022-03-10
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Brantley Rowlen, Donavan Eason, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, for appellant.
    for defendant: Ashleigh Madison, (Southeast Law, LLC), Savannah, for appellee.
    Case Number: A21A1211

    Court affirms denial of apartment manager's summary judgment in a slip-and-fall case due to questions of fact over manager's knowledge of a hazard

  • Stadterman v. Southwood Realty Co., et al.

    Publication Date: 2021-11-23
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jonathan Schermerhorn, (The Schermerhorn Firm), Atlanta, Robert Ashe, Juliana Mesa, (Bondurant Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: James Doyle, Andrew Eaton, Norbert Hummel, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A21A0682

    Court affirms summary judgment for property owners and managers in a premises liability action stemming from shooting injuries sustained by plaintiff

  • J.P. Carey Enterprises, Inc. v. Cuentas, Inc.

    Publication Date: 2021-11-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Scott Bonder, Carson Modrall, (Fried Bonder White LLC), Atlanta, Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, Joshua Curry, Ronald Masterson, (Lewis Brisbois Bisgaard Smith LLP), Atlanta, for appellee.
    Case Number: A21A0703

    Court affirms ruling that certain provisions in a convertible note were unenforceable penalties but reverses and remands as to whether noteholder waived default provisions

  • Fross v. Norfolk Southern Railway Company

    Publication Date: 2021-10-21
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Michael Warshauer, Trent Shuping, Jasper Abbott, (Warshauer Law Group), Atlanta, for appellant.
    for defendant: Franklin Brannen, Admir Allushi, Lillian Henry, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A21A0990

    Court agrees that a contractor's employee was employed by a railroad for liability under federal law, and remands for consideration of state law negligence claims

  • LG Chem, Ltd. v. Lemmerman

    Publication Date: 2021-10-12
    Practice Area: Civil Procedure | Products Liability
    Industry: Consumer Products
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: P. Freed, Charles Reed, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellant.
    for defendant: Dylan Hooper, (Morgan & Morgan), Atlanta, Harris Yegelwel, (Morgan & Morgan Atlanta, PPLC), Savannah, Thomas Seider, Celene Humphries, (Brannock Humphries & Berman), Tampa, for appellee; Homer Phillips, (The Phillips Law Firm, LLC), Marietta, for other party.
    Case Number: A21A1029

    Court affirms denial of out-of-state defendant's motion to dismiss for lack of personal jurisdiction, finding that defendant had sufficient contacts with the State

  • Metropolitan Atlanta Rapid Transit Authority et al. v. Ingram

    Publication Date: 2021-08-03
    Practice Area: Civil Procedure | Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Candis Jones, (Lewis Brisbois), Atlanta, for appellant.
    for defendant: John Hyatt, (Hyatt & Hyatt, P.C.), Decatur; Matt Nasrallah, (Robertson, Bodoh & Nasrallah, LLP), Marietta, for other party,
    Case Number: A21A0541

    Court affirms denial of appellants' motion to dismiss or transfer venue where plaintiff in personal injury case filed suit in venue of one joint tortfeasor

  • Emery v. Guarantee Trust Life Insurance Company

    Publication Date: 2021-02-16
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Matthew Dominick, (Matthew W. Dominick, PC), Cumming, for appellant.
    for defendant: Joelle Sharman, John Rose, (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee. Daniel Parr, (Weaver Law Firm), Gainesville, for other party.
    Case Number: A20A2082

    Court affirms summary judgment for insurer where it paid a death benefit to the person whose name appeared on a change form, notwithstanding suggestions of fraud