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
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). ... Continue Reading
Motion for Default Judgment Denied in Northern District of GA
Melody Kiella successfully drafted a pleading to the District Court for the Northern District of Georgia, Atlanta Division, which resulted in a plaintiff’s Motion for Default Judgment being denied. Additionally, her pleading resulted in the client, a representative of the estate of a decedent involved in a collision, being granted a Motion Addressing Late Filing of Answers and Requesting Additional Time to File Answers. Melody Kiella has been practicing law for over seven years. She specializes in all aspects of complex civil litigation and represents clients in connection with a broad spectrum of legal matters, including transportation/trucking law, personal injury, premises ... Continue Reading
In the news: Barbara Marschalk recently successfully defended her client in the Georgia Court of Appeals
Five months after her client's last inspection of the course, and after her client recommended certain repairs be made to the course by the owner of the course, a portion of the zipline course failed, resulting in injuries to the Plaintiff. In the news: Barbara Marschalk successfully defended her client in the Georgia Court of Appeals. Her client, Signature Research Inc., inspected and certified the safety of a zipline course located in the Dominican Republic. Five months after her client’s last inspection of the course, and after her client recommended certain repairs be made to the course by the owner of the course, a portion of the zipline course failed, resulting in injuries to the ... Continue Reading
Plaintiff Sues for $1.5 Million, Rejects $300,000 Offer, Left with $12,591
Partner Barbara Maschalk obtained a favorable verdict in a case arising from a T-bone collision at an intersection in which the defendant admitted liability. A jury in Hall County, Georgia, awarded the plaintiff $12,591.63 after hearing her claim for damages in excess of $1.5 million.Partner Barbara Maschalk obtained a favorable verdict in a case arising from a T-bone collision at an intersection in which the defendant admitted liability. A jury in Hall County, Georgia, awarded the plaintiff $12,591.63 after hearing her claim for damages in excess of $1.5 million. Plaintiff's claim included over $365,000 in verified past medical expenses. The jury award combined $6,500 for her past pain ... Continue Reading
Summary Judgment in Breach of Contract Claim
Brian Johnson successfully leveraged dismissal of bad faith claims and obtained summary judgment for breach of contract claims made against an insurance company in the United States District Court for the Middle District of Georgia in a case in which the plaintiffs alleged entitlement to underinsured motorist benefits from several excess insurers. About Brian Johnson Brian W. Johnson is a litigation attorney and his primary areas of practice include insurance defense, personal injury, consumer litigation, premises liability, transportation, retail/hospitality, products liability, construction, insurance coverage, and general trial practice. ... Continue Reading
Summary Judgment in Bodily Injury Claim
Brian Johnson and Jason Prine successfully obtained from The Georgia Court of Appeals reversal of a trial court summary judgment denial as well as denial from the Georgia Supreme Court of plaintiff’s petition for certiorari in a case in which plaintiff sued a telecommunications company claiming significant bodily injuries allegedly resulting from a trip incident. ... Continue Reading
Motion to Dismiss Granted for Not-for-Profit Client
The United States District Court for the Northern District of Georgia granted a Motion to Dismiss filed by DEF Attorneys, which resulted in the dismissal of claims of defamation, libel, tortious interference, and infliction of emotional distress asserted against their Not-for-Profit client who provides tax and technology resources to industry professionals. ... Continue Reading
Summary Judgment for Food Service Industry Client
Jennifer Parrott and Bruce Taylor won a complete summary judgment in State Court on malicious prosecution, intentional infliction of emotional distress, assault, and defamation claims for their food service industry client.Jennifer Parrott and Bruce Taylor won a complete summary judgment in State Court on malicious prosecution, intentional infliction of emotional distress, assault, and defamation claims for their food service industry client. ... Continue Reading
Summary Judgment for Construction Employee Client
Jennifer Parrott and Bruce Taylor won a complete summary judgment in Federal Court on malicious prosecution and intentional infliction of emotional distress claims which included imputed liability issues for their construction employee client.Jennifer Parrott and Bruce Taylor won a complete summary judgment in Federal Court on malicious prosecution and intentional infliction of emotional distress claims which included imputed liability issues for their construction employee client. ... Continue Reading