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Atlanta, GA  30329

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February 23, 2018

            Tracey Roberts and her husband were injured when the vehicle that she was driving struck a pile of dirt and an excavator at a Carroll County Water Authority (“CCWA”) work site.  As a result, Roberts filed a personal injury action against CCWA and Henry Junior Mulkey, a CCWA employee, in his individual capacity.  Roberts v. Mulkey, 343 Ga. App. 685, 808 S.E.2d 32, 34 (2017).  The trial court granted summary judgment to Mulkey on t...

February 20, 2018

           Last week, the Eleventh Circuit issued a published opinion in the long-litigated Houston v. Publix matter.  See Opinion, Appeal No. 15-13851.  In that personal injury suit, evidence of the plaintiff’s contract with and payments made by ML Healthcare, a “litigation investment” company that contracts with doctors to purchase the medical debt that plaintiffs incur at a discounted rate, was deemed discoverable by the district court and, thereaf...

February 16, 2018

            Teena Anderson filed suit to recover for injuries sustained from a collision with a vehicle owned by Clarence Lewis and driven by his grandson, Dana Brown. The trial court dismissed Brown as a party due to lack of service and subsequently granted summary judgment for Lewis finding that Brown's dismissal was fatal to the derivative liability claim against Lewis under the family purpose doctrine. On appeal, the Georgia Court of Appeals held...

February 9, 2018

            In the Georgia Court of Appeals, the issue presented to the Court was whether a domestic motor carrier retains the right to remove a case under OCGA § 14-2-510(b)(4), due to its status as a business entity, when venue is predicated on OCGA § 40-1-117(b).  Blakemore v. Dirt Movers, Inc., 2018 WL 359951 (Ga. Ct. App. 2018).  Following the death of her daughter in a motor vehicle accident, Natasha Blakemore filed a wrongful death action...

February 2, 2018

            Shirley and Nile Wingler were injured when a speeding car driven by a suspect who was fleeing law enforcement crashed into their car. The Winglers sued the sheriffs of Lamar and Monroe Counties in their official capacities (the “Lamar Sheriff” and “Monroe Sheriff”), and alleged that the actions of the sheriffs' deputies in initiating and continuing the high-speed car chase proximately caused their injuries.  Wingler v. White, 2017 WL...

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