• Handberry et al. v. Manning Forestry Services, LLC

    Publication Date: 2019-12-10
    Practice Area: Personal Injury | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McArthur Law Firm), Macon, for appellant.
    for defendant: Britton White, G. White, (Brennan, Harris & Rominger LLP), Savannah, for appellee.

    Case Number: A19A1321

    Circumstantial evidence was insufficient to create an issue of fact as to knowledge of the existence of an open well in a survivor's negligence action against a contractor

  • McIver v. Oliver

    Publication Date: 2019-11-22
    Practice Area: Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Dawn Pettigrew, (Attorney at Law), Atlanta, James Scarbrough, Rachel Reed, (Mabry & McClelland, LLP), Atlanta, Keith Romich, (Romich & Associates, LLC), Marietta, for appellant.
    for defendant: Robin Clark, (Attorney at Law), Atlanta, for appellee. C. Davis, (Lee Davis Law, LLC), Atlanta, Robert Harrison, (Downey & Cleveland, LLP), Marietta, James Merritt, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, for other party.

    Case Number: A19A1230

    Husband Who Shot His Wife Lacked Standing to Sue Under Wrongful Death Statute

  • Troup County, Georgia v. Mako Development, LLC

    Publication Date: 2019-11-13
    Practice Area: Damages | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Thomas Fitzgerald, (Hulsey, Oliver & Mahar), Gainesville, for appellant.
    for defendant: Grant McBride, William White, (Smith, Welch, Webb & White), McDonough, for appellee.

    Case Number: A19A1497

    Claimed Easement of Airspace, Combined With Access Rights Over All Property, Yields No 'Remainder' of Property to Warrant Consequential Damages

  • City of Savannah v. Brantley et al.

    Publication Date: 2019-10-17
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jennifer Herman, (Savannah City Attorneys Office), Savannah, Colin McRae, (Attorney at Law), Savannah, Christopher Smith, Patrick Barkley, (Hunter, Maclean, Exley, & Dunn, P.C.), Savannah, W. Stillwell, (Brooks Stillwell LLC), Savannah, for appellant.
    for defendant: James Shipley, John Manly, (Manly Shipley LLP), Savannah, Richard Middleton, Richard Harrison, (The Middleton Firm, LLC), Savannah, for appellee. Thomas Bass, (Brennan, Harris & Rominger), Savannah, for other party.

    Case Number: A19A1604

    In Personal Injury Action, Trial Court Erred in Denying City's Summary Judgment Motion on Sovereign Immunity Basis

  • Clayton County, Georgia v. New Image Towing and Recovery, Inc.

    Publication Date: 2019-08-27
    Practice Area: Land Use and Planning
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jack Hancock, (Freeman Mathis & Gary, LLP), Forest Park, Dana Maine, Matthew Weiss, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Winston Denmark, Steven Fincher, Danielle Matricardi, (Fincher, Denmark & Williams, LLC), Jonesboro, for appellee. Travis Smith, Aaron McCullough, (Foster, Foster, & Smith, LLC), Jonesboro, for Other party.

    Case Number: A19A0298

    Court Reverses Trial Court Order That Reversed Zoning Board's Denial of Business License to New Business That Refused to Submit a Site Plan for Its Primary Place of Business, Disapproving of Trial Court's Narrow Construction of Zoning Ordinances

  • Sexton et al. v. Sewell et al.

    Publication Date: 2019-08-26
    Practice Area: Contracts
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Acting Judge Reese
    Attorneys: For plaintiff: Rachel Gage, Richard Robbins, Heather Sharp, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for appellant.
    for defendant: Donald Cook, (Smith & Liss, LLC), Atlanta, for appellee.

    Case Number: A19A0751

    Court reverse summary judgment ordering specific performance in a breach of contract matter over a real estate purchase

  • Auto-Owners Insurance Company v. CW Masonry, Inc. et al.

    Publication Date: 2019-07-15
    Practice Area: Insurance Law
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Jones, John Schultz, (Bush Reed Jones & Leeper PC), Marietta, for appellant.
    for defendant: Bill Crecelius, (Bill W Crecelius Jr. P.C.), Johns Creek, for appellee.

    Case Number: A19A0583

    Court enters summary judgment in favor of an insurer in an indemnity agreement under a performance and payment bond

  • The State v. Turnquest

    Publication Date: 2019-06-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Brian Walton Whiteside, Samuel Richard d'Entremont, Christopher Mark DeNeve, (Gwinnett County Solicitor General), Lawrenceville, Decatur, Lawrenceville, for appellant.
    for defendant: Fakiha Khan, (Law Office of Fakiha Khan, P.C.), Suwanee, Kendra Foster Mitchell, (Law Office of Fakiha Khan, P.C.), Johns Creek, for appellee.

    Case Number: S19A0157

    Court overrules its precedent and concludes that no Miranda warning is required before administration of a breath test

  • Brown v. Dickerson

    Publication Date: 2019-06-07
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James Scarbrough, Rachel Reed, (Mabry & McClelland, LLP), Atlanta, for appellant.
    for defendant: James Rice, Andrew Brandt, (James A. Rice, Jr., P.C.), Atlanta, for appellee.

    Case Number: A19A1016

    Court grants summary judgment in property owner's favor and against a licensee who was injured on his property

  • MCClendon v. Harper et al.

    Publication Date: 2019-05-14
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Steven Leibel, Paul Menair, (Steven Leibel, PC), Cumming, For Appellant.
    for defendant: Lara Percifield, (Superior Court of Fulton County), Atlanta, Walter McClelland, (Mabry & McClelland LLP), Atlanta, For appellee.

    Case Number: A18A2075

    Court Affirms Grant of Summary Judgment to Metropolitan Atlanta Rapid Transit Authority and Its Employees Upon Concluding That Plaintiff Had Failed to Support Claims with Evidence of Wrongdoing