March - 2021

Effective, Efficient, Experienced

Employer May be Liable for the Acts of an Employee Under Premises Liability but Not Negligent Hiring

In an action arising out of the sexual assault of Nia Cleveland by a massage therapist at a spa owned by Team RTR2, LLC d/b/a Zen Massage (“Zen Massage”), the Georgia Court of Appeals found that although Zen Massage may be liable for premises liability claims, it was not liable for claims asserting negligent employment. Cleveland v. Team RTR2, LLC, A20A2080, (Ga. Ct. App. Feb. 3, 2021). In June 2015, Cleveland went for a massage at Zen Massage. Gary Tavares was assigned as h

Renewal Action Time Barred for Failure to Prosecute

In August 2004, Herbert Washington was killed in an accident with Jack DeWayne Gay. Herbert’s daughter, Angela Washington, filed suit in October 2004 against Gay and his employer Colcraft, Inc. Angela’s suit was settled in October 2005 and her action dismissed. In August 2006, Debra Baldwin, another of Herbert’s daughters, filed suit against Gay and his employer. Gay filed a motion to reopen the suit filed by Angela contending Angela was required to distribute the proceed

Court of Appeals Considers the Special Circumstance Related to Imputed Employer Liability

The Court of Appeals in DMAC81, LLC v. Nguyen, Docket No. A20A1991, recently reviewed the special circumstance and special mission exceptions to the general rule that employees commuting to work are not acting in the course and scope of their employment. During inclement weather in January 2018, Gary Cummings lost control of his car and struck Tuan Nguyen’s vehicle, killing Nguyen. Nguyen’s wife sued Cummings and his employer, DMAC81, LLC. DMAC81 moved for summary judgment o

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