terry's takes
Filtered by court: georgia court of appealsApril 1, 2024
georgia court of appeals, premises liability, summary judgement standardDrucker v. Morgan
An AirBnb was not entitled to summary judgment for liability for a falling limb that injured a guest at the property just because the accident happened slightly off of the AirBnb’s property. The guest was injured while standing where the AirBnb told her to park, which was abandoned and unowned property next to the B&B that was decorated by the B&B and had a section marked off for parking. The limb was dead for years, and the decay was obvious to the naked eye. OCGA § 51-3-1 requires property owners to exercise ordinary care in keeping the property safe, and also keeping the “approaches to the property” safe (at least to invitees). A jury could find that this area was an “approach” to the property. The fact that the Plaintiff’s husband lightly tugged on a vine, which was the last straw bringing the huge limb down did not justify summary judgment. An injury can have more than one cause. A healthy limb would not have fallen from a simple tug. The case must go to the jury.
read moreMarch 25, 2024
georgia court of appeals, no categoriesFirst Acceptance Ins. Co. of Georgia v. Watts
Where an insurer filed a declaratory judgment action contesting coverage of a defendant in a motor vehicle case but the underlying motor vehicle case resolved before the declaratory judgment, the appellate court lost jurisdiction and the appeal became moot. A dec action over coverage can only be maintained while there is some question about the outcome of the underlying case.
read moreMarch 16, 2024
georgia court of appeals, appealable order, settlementButler v. Heartland Manufacturing, Inc.
A recent ruling confirms that nonresident corporate officers can be subject to personal jurisdiction in Florida if they direct fraud or intentional misconduct toward parties within the state. Florida courts focus solely on whether the alleged tortious act occurred in the state, meeting requirements for long-arm jurisdiction and due process under minimum contacts. When a conspiracy to commit tortious acts in Florida is sufficiently alleged, all conspirators involved become subject to Florida’s jurisdiction through its long-arm statute.
read moreMarch 15, 2024
georgia court of appeals, no categoriesBlowe v. Roberts
Qualified immunity (AKA official immunity) barred a student burned severely by a teacher’s chemistry experiment against the teacher where there were no clear safety standards for her to follow and so no discretionless ministerial duty.
read moreMarch 15, 2024
georgia court of appeals, americans with disabilities actAugusta Judicial Circuit Office of the Public Defender v. Hodge-Peets
In one move, the Georgia Court of Appeals has expressly found that ADA suits are barred under sovereign immunity and, implicitly, that stare decisis is no longer a real doctrine in Georgia because the sole basis for overturning the precedent was that the court disagreed with the reasoning of the prior case. Receding from 22 years of precedent, the Georgia Court of Appeals has overturned Williamson v. Dept. of Human Resources, 258 Ga. App. 113, 116 (572 SE2d 678)(2002), which had held that the State of Georgia had waived its immunity to suit under federal disability discrimination claims by passing the Fair Employment Practices Act. While the majority does not apply the age, reliance, or workability prongs of the test for stare decisis, a concurrence does. It seems to note that all of those prongs weighed in favor of adhering to precedent and that the effects of the court’s decision will be devastating. He urges the General Assembly to consider amending the code to restore what the Court had said it meant for 22 years. The majority (and the concurrence) decided to recede from the prior case, however, based solely on the fact that the current court disagrees with the prior court’s reasoning.
read moreMarch 15, 2024
georgia court of appeals, no categoriesSoundara v. AMB Sports & Ent.
By jumping into a brawl to aid her fiancé, Plaintiff assumed the risk, which was a bar to recovery for non-intentional torts. It did not bar her intentional tort claims such as battery.
read moreMarch 15, 2024
georgia court of appeals, medical malpractice, summary judgement standardFerguson v. Kennestone Hospital, Inc.
A widow and personal representative for her husband’s estate apparently handled a lawsuit pro se and sued a hospital under several theories for treatment that she alleges killed him. Due to (avoidable) errors in pleading and litigating the case, almost all of her claims were dismissed or she lost at summary judgment. The claim of civil battery, however, survived where she alleged in a verified complaint (which is evidence) that her husband’s signature on a consent to surgery form was forged.
read moreMarch 4, 2023
georgia court of appeals, premises liabilityWilliams v. Kasulka Properties, LP
williams v. kasulka properties, lp. our legal team at fischer redavid pllc has the legal experience to help you. call us about your case today!
read moreContact Us
Our Promise
Aggressive Litigation. Honest Representation. Dedicated Communication. Respect and Compassion.
