October 27, 2017 BY DEF Admin
Reale and Cheek Obtain Summary Judgment for Defendants in Wrongful Death Case
Jack Reale and Daniel Cheek obtained summary judgment from DeKalb State Court Judge Johnny Panos in a wrongful death case argued on October 5.
Plaintiffs' decedent was an independent contractor hired to repair lights atop a 30 foot pole around a sports court. Decedent leaned his ladder against the pole, climbed it and lashed himself to it. A weld at the bottom of the pole broke and it collapsed with the decedent, killing him.
In summary, the Court held the independent contractor was expected to determine for himself whether his place of employment was safe, citing Hudson v Santangelo, 228 Ga.App. 768, 774 (1997), quoting Amear v Hall, 164 Ga.App. 166, 167 (1982). The Court also found no evidence that Defendants had either actual or superior knowledge of the dangerous condition.
The settlement demand was $6 million.
About the Attorneys
John "Jack" P. Reale
Jack Reale has been practicing law for 38 years and focuses his trial practice on General Liability and represents corporations, insurance companies, and sports venues and arenas. He handles premises liability and general tort cases.
Daniel G. Cheek
Daniel Cheek focuses his practice on General Liability Defense. Daniel has a strong background in representing defendants ranging from large national corporations to small businesses and individuals. He has handled cases involving products liability, premises liability, auto liability, transportation law, wrongful death.