Court Opinions

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Recent opinions released by Georgia's Appellate courts
Sewell v. Cancel, A12A1951; A12A1952
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
TORTS: Breach of Fiduciary Duty, Fraud, Immunity
The defendants were entitled to summary judgment on the plaintiffs' breach of fiduciary duty and fraud claims.
Scapa Dryer Fabrics Inc. v. Knight, A14A1587
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
TORTS: Negligence, Toxic Tort, Premises Liability, Proximate Cause
The evidence sufficiently supported the jury verdict finding that the defendant negligently exposed the plaintiff to airborne asbestos fibers and that this exposure was a contributing proximate cause of his development of malignant mesothelioma.
Kelley v. State, A14A1682
Georgia Court of Appeals, Criminal Case (3/30/2015, 5/27/2015)
CRIMINAL PRACTICE: Plea Bargain, Sentencing
The State is not permitted to withdraw a negotiated plea offer if the court indicates it intends to sentence the defendant to less time than recommended.
Seaboard Constr. Co. v. Kent Realty Brunswick LLC, A14A1615
Georgia Court of Appeals, Civil Case (3/30/2015, 5/27/2015)
CIVIL PRACTICE: Summary Judgment
The aggregate amount of materialman's liens exceeded the remaining contract price for improvements made or services performed on the property and the liens were therefore excessive and invalid.
Monk v. Parker, A14A1603
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
CREDITORS AND DEBTORS RIGHTS: Attorney's Lien
The Workers Compensation Appellate Division properly granted a motion to dismiss an attorney fee lien after finding that the attorney failed to perfect the lien.
State of GA v. Sun States Ins. Group Inc., A14A2119; A14A2120
Georgia Court of Appeals, Civil Case (3/27/2015, 5/26/2015)
CONSTITUTIONAL LAW: Sovereign Immunity
The trial court erred in finding that the State of Georgia had waived sovereign immunity through the Insurers Rehabilitation and Liquidation Act.
Hardison v. Enterprise Rent-A-Car, A14A1527
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
TORTS: Wrongful Retention
Issues of fact remained on plaintiff's wrongful retention claims, as he presented some evidence that his former employer knew of another employee's attempts to engage in physical confrontations at work before that employee attacked him.
Seago v. The Estate of Berry Earle III, A14A1499
Georgia Court of Appeals, Civil Case (3/30/2015, 5/26/2015)
TORTS: Premises Liability, Contributory Negligence
Plaintiff had equal knowledge of the hazard that caused his injury but failed to exercise reasonable care for his own safety.
Stewart v. Suntrust Mortgage Inc., A14A2047
Georgia Court of Appeals, Civil Case (3/27/2015, 5/22/2015)
REAL PROPERTY: Wrongful Foreclosure
The trial court erred in dismissing some of plaintiff's claims against bank after it foreclosed on his residential property.
Archer Forestry LLC v. Dolatowski, A14A2210
Georgia Court of Appeals, Civil Case (3/27/2015, 5/22/2015)
TORTS: Negligence, Respondeat Superior
Individual defendant was driving his employer's vehicle for a purely personal mission of his own and was not acting within the scope of his employment when he collided with plaintiff's vehicle.
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