At noon, on September 25, 2020, a propane leak from the living room fireplace ignited, leveling the home of Carolyn Hayes in Dawsonville, Georgia. Angela Frady, Mrs. Hayes’ adult daughter, was in the home at the time of the fire and suffered life-threatening burns to 80% of her body. She was rushed …
Candice Bryant and Robb Cruser won summary judgment, with the U.S. District Court finding plaintiff had “constructive” knowledge of the banana box he tripped over since it was in his “plain view.” Order Granting Summary Judgment
In the recent case of Pareja v. Princeton International Properties, the New Jersey Supreme Court expressly adopted the ongoing storm doctrine, which holds that commercial landowners do not have a duty to remove snow and ice on their property until the precipitation has ended. The Supreme Court ruled that “it …
We need to report a significant case from the Georgia Supreme Court which is adverse to defendants on apportionment in Georgia. In sum, Georgia law on apportionment before the ruling was that Georgia was a “pure apportionment” state and so, a defendant could push apportionment of fault onto a nonparty tortfeasor. In …
At trial, Plaintiff requested and got a spoliation charge concerning portions of a video that MARTA failed to produce concerning a fall case. That evidentiary victory sowed the seeds to appellate defeat. The Georgia Court of Appeals reminded that “[p]rior to charging the jury on spoliation, the trial court must …
Can a plaintiff’s attorney file a complaint on behalf of a plaintiff in said plaintiff’s name when the plaintiff is deceased? This was the issue facing the court in the matter of Carolyn Repko v. Our Lady of Lourdes Medical Center, Inc., 2020 N.J. Super. LEXIS 204 (App. Div. August …