On September 17, 2020, the Georgia Court of Appeals issued a unanimous Opinion in ABH Corporation et al. v. Montgomery, a case involving a plaintiff who was attacked in the parking lot of an Atlanta gas station and convenience store. Drew Eckl Partner Elissa Haynes served as lead appellate counsel. The trial court had previously denied Defendants’ motion for summary judgment and subsequent motion for reconsideration based solely upon Plaintiff’s evidence of 911 call logs showing the police had been called to the gas station on multiple occasions throughout the years. In reversing the trial court’s summary judgment denial, the Court of Appeals first reiterated that there is no authority in ... Continue Reading
Successful Insurance Case by Karen Karabinos and Mary Alice Jasperse
Attorneys Karen Karabinos and Mary Alice Jasperse received an order from the Eleventh Circuit Court of Appeals affirming the district court's grant of summary judgement for their client LM Insurance Corporation in the case of Mia Hollingsworth v. LM Insurance Corporation. The case was concentrated on an insurance claim that stated the insured's home was "wholly destroyed" by fire, resulting in her entitlement to the policy limit under Georgia’s Valued Policy Statute, O.C.G.A. 33-32-5(a). Based on the insured's deposition testimony, delayed photographs and other evidence, the Eleventh Circuit and District Court concluded that the insured's evidence was insufficient and failed to support her ... Continue Reading
In the News: Defense Verdict in $1.3M Lawsuit for Client Featured in the Daily Report
In an article published by the Fulton County Daily Report, Jeff Ward's defense verdict for client Terex Corp. was featured on December 26, 2019. Excerpts from "Defense Notches Win in $1.3M Lawsuit Over Faulty Wood Chippers:" "The defense logged a win in a federal trial involving claims that two commercial off-road wood chippers were unreliable and prone to breakdowns, and that the manufacturer breached its warranties. Lawyers for the plaintiff, a south Georgia company that rents out equipment and provides services for clearing timber, had asked the jury to award nearly $1.3 million, said Jeffrey Ward of Drew Eckl & Farnham’s Brunswick office." "The suit included ... Continue Reading
Corporate & Transaction Negotiates for The Fox Theatre in GICC Partnership
Drew Eckl & Farnham's Corporate & Transaction team negotiated a transaction on behalf of the Fox Theatre regarding a partnership between the Fox Theatre and the Georgia International Convention Center (GICC). Drew Eckl & Farnham’s Corporate & Transaction team negotiated a transaction on behalf of the Fox Theatre regarding a partnership between the Fox Theatre and the Georgia International Convention Center (GICC). The partnership names The Fox Theatre as the exclusive partner for the GICC’s multipurpose arena, Gateway Center Arena @ College Park, which is slated to open this fall. Under this multi-year agreement, the Fox Theatre will consult in several key business areas, ... Continue Reading
Barbara Marschalk Presented at the State Court Judges’ Spring Conference
Barbara A. Marschalk co-presented the Civil Case Law Update to Georgia trial judges who attended the annual State Court Judges’ Spring Conference at Legacy Lodge at Lake Lanier, Buford, Georgia on May 16, 2019. During this presentation, Ms. Marschalk identified and discussed key appellate decisions from both the Georgia Court of Appeals and Georgia Supreme Court that impact the trial judges who preside over a wide variety of civil cases. Barbara A. Marschalk’s practice is devoted to defending a wide range of corporations and individuals in multiple practice areas including the defense of claims involving alleged childhood sexual abuse and sexual misconduct, clergy malpractice, ... Continue Reading
Supreme Court of Georgia Oral Arguments in December 2018
Supreme Court of Georgia, December 10, 2018 Oral Arguments ... Continue Reading
Summary Judgment in Defamation Case
Randy Moody and Sean Hannay obtained summary judgment in a case alleging defamation, tortious interference with business relations, tortious interference with contractual relations against a nonprofit adult assistance facility. Plaintiff had alleged a laundry list of claims that DEF defeated with proof or privilege, immunity, good faith, and absence of publication and interference. The matter is closed without any payment to plaintiff. Gwinnett, 03080. ... Continue Reading
Summary Judgment for Slip & Fall Claim Affirmed in Georgia Court of Appeals
In a slip & fall claim regarding who is responsible for an injured plaintiff located on an "approach" to a store from a common area parking lot, attorneys Barbara Marschalk and John Stevens successfully defended their retail client. The plaintiff fell about forty-five feet away from the entrace of the storefront, claiming the injury was caused by the defense's negligence to 1) keep the store premises and approaches safe for invitees, as required under § 51-3-1 and 2) to discharge a duty is voluntarily assumed under to Restatement (Second) of Torts § 324A to protect its invitees from the dangerous conditions in the parking lot of which it had notice. Barbara and John proved ... Continue Reading
Summary Judgment for International Retailer in Premises Liability Case
Lisa N. Higgins of Drew Eckl & Farnham in Brunswick recently obtained summary judgment on behalf of an international retailer in a premises liability case. Judge Randy Hall of the Southern District of Georgia, Statesboro Division, held that in order to establish constructive knowledge, Plaintiff needed not only to show that Defendant failed to implement or follow a reasonable inspection procedure but also that the hazard was on the ground long enough that it could have been discovered had Defendant exercised reasonable care in inspecting the premises.Lisa N. Higgins of Drew Eckl & Farnham in Brunswick recently obtained summary judgment on behalf of an international retailer in a ... Continue Reading
Georgia Court of Appeals Affirms Summary Judgment in Double-Fatality Case
Andrew Horowitz recently received a favorable ruling from the Georgia Court of Appeals on behalf of a guardrail-installation contractor in a case stemming from a horrific highway accident on Interstate 75 in which two motorists were killed. The accident occurred when the motorists’ vehicle was pushed off the highway into the median area, where it struck a concrete pier, killing the motorists instantly. Their daughter and estate subsequently sued the guardrail contractor, which had recently installed a stretch of guardrail alongside the concrete pier, alleging that the installation violated applicable regulations as it was too short. In affirming summary judgment to the ... Continue Reading