May 22, 2020

            In March 2020, the Georgia Court of Appeals upheld a jury verdict in favor of a former police lieutenant and a city clerk against the City of Pendergrass.  City of Pendergrass v. Rintoul, --- S.E.2d ----, 2020 WL 1242886 (2020).  Plaintiffs Rintoul and Garner were both employed by the City of Pendergrass from 2005 through 2009.  The plaintiff’s brought claims of retaliation under the Georgia Whistleblower Act.

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May 15, 2020

            The Georgia Court of Appeals recently reversed its decision that a landowner’s subjective intent in the use of its property or any indirect financial benefits received by the use of its property created fact questions under the Recreational Property Act (the “RPA”). Mercer Univ. v. Stofer, A17A1515, 2020 WL 1239700 (Ga. Ct. App. Mar. 13, 2020).  Sally Stofer’s family sued after she suffered fatal injuries while attending a free concer...

May 9, 2020

            In a recent Georgia Court of Appeal decision, Baker v. Atlantic States Insurance Company, --- S.E.2d ----, 2020 WL 1149933 (Ga. Ct. App. 2020) the Court upheld the ruling of a trial court permitting attorney’s fees as a sanction for a plaintiff’s willful violation of discovery.  The plaintiff voluntarily dismissed her case after a hearing was held related to the discovery violation, but before the trial court entered its order.  At th...

April 28, 2020

               On March 6, 2020, the Georgia Court of Appeals found that the exclusive remedy provision of the Workers' Compensation Act barred a truck driver’s personal injury action against a trucking company for which she alleged she provided services as an independent contractor, after she was injured in an accident that occurred when she was in the sleeping compartment of tractor trailer and her husband was driving. Estes v. G...

April 20, 2020

               On March 13, 2020, the court addressed the question of whether a residential rehabilitation facility owed a duty to a program participant who was sexually assaulted after leaving the facility for a job assignment where employment was a required part of the rehabilitation program.  Plaintiff, who had agreed to the rehabilitation program as part of a diversion program to avoid jail time, had missed her bus to work and,...

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