Court of Appeals

Ct. of Appeals Reverses Summary Judgment

All too often the Georgia Court of Appeals becomes actively involved to deprive plaintiffs of pursuing their claims in court.  The opposite is true in this case.  The Court of Appeals reversed a motion for summary judgment granted in favor of the defendant in Stephens v. Kmart Corporation, No. A15A2211, Ga. App. March 22, 2016….

Read More

DEFENDANTS OBTAIN REVERSAL OF DEFAULT JUDGMENT

This case began when Met-Test, LLC, filed suit in magistrate court to collect unpaid bills from Sondi Moore-Waters, a physician,.  The magistrate court dismissed the suit, and Med-Test appealed to Fulton County Superior Court.  Med-Test moved to amend its complaint to add two defendants:  Alphonso Waters, Moore-Waters’ husband and practice manager, plus Family Practice of…

Read More

ATTORNEY SANCTIONED FOR FRIVOLOUS APPEAL

We believe that every injured plaintiff should have their day in court.    All too often they are deprived of this opportunity.  Most frequently it is the courts themselves that prevent plaintiffs from enjoying a full and fair hearing on their claim. But this can also happen if the injured plaintiff has the wrong attorney.  Plaintiffs…

Read More

Experienced Attorneys Know Court Rules

This is another case that demonstrates just how important it is to have an experienced attorney handle your claim.  The case presents an appeal that was dismissed by the Georgia Court of Appeals because proper appellate procedures were not followed.  This means that someone lost their chance to have their day in court. Complete Wiring…

Read More

HIRING AN EXPERIENCED TRIAL ATTORNEY IS IMPORTANT TO YOUR CASE

If you have a claim for personal injuries, hiring an experienced trial attorney can be very important.  It can only increase your likelihood of obtaining a favorable recovery. In one case,  Mildred Anne Holloway went to a Kroger supermarket on February 5, 2010, which was a rainy day.  As she reached for a shopping cart…

Read More

UNINSURED MOTORIST COVERAGE: BE SURE YOU HAVE AN EYEWITNESS

The Georgia Court of Appeals recently expressed its opinion on an uninsured motorist claim in a case where no eyewitness was present, American Alternative Insurance Company v. Bennett, 334 Ga. App. 713, 780 S.E.2d 686 (2015).  Once again, the Court of Appeals ignored the trial court and ruled in favor of the insurance company, at…

Read More

Court of Appeals Finds Landlord Not At Fault In Slip & Fall Case

Once again the Georgia Court of Appeals rules against an injured person.  In Cowart v. Schevitz, No. A15A2036 (Ga. App., Feb. 15, 2016), Plaintiff Ada Schevitz slipped and fell, injuring herself.  She later filed suit against the landlord of the premises, Joseph Cowart. Defendant Cowart owned commercial property that he leased to operators of a restaurant. …

Read More

GA CT of Appeals Excludes Injured Plaintiffs’ Expert Witness

Another decision by the Georgia Court of Appeals prevents injured plaintiffs from proceeding to trial.  This case, Moore v. Cottrell, Inc., No. A15A0802 (Ga. App., November 20, 2015), sends a message to all Plaintiffs who sue for personal injuries in Georgia.  The message is that the Georgia courts will try to prevent a Plaintiff from…

Read More