In Maloof v. Metropolitan Atlanta Rapid Transit Authority, A14A2233 (Ga. Ct. of Appeals, Feb. 24, 2015), an automobile accident case, the Georgia Court of Appeals held that pursuant to O.C.G.A. § 24-8-803(8) a police report falls under the public records exception to the hearsay rule and is admissible. The Court noted that the references in […]
Mabry & McClelland, LLP is pleased to announce the hiring of two new associates – Dawn Pettigrew and Tracey Pruiett. Dawn Pettigrew’s expertise is primarily concentrated in the areas of insurance defense, construction litigation, motor vehicle accidents, and trucking litigation. With several years of insurance defense and civil litigation experience, Dawn has defended various carriers […]
In a case of first impression, the Georgia Court of Appeals recently addressed the potential grounds for parents to be held responsible for the online activities of their children. Boston et al. v. Athearn et al., A14A0971, 2014 WL 5068649 (October 10, 2014) concerns a fake Facebook profile created by two seventh graders, Dustin Athearn […]
Mabry & McClelland obtains summary judgment for client in premises liability case While issues of premises liability are generally not susceptible to summary judgment, Mabry & McClelland recently obtained summary judgment in favor of Ingles Markets, Inc. where a customer sued for injuries sustained when she was run into and knocked down by another customer’s […]
In Ambling Management Co. v. Miller, 2014 WL 4958165 (Oct. 6, 2014, Ga.) the Georgia Supreme Court examined whether an apartment complex that employed an off-duty police officer to patrol the premises was vicariously liable for the actions of that officer. The City Views Apartments were located in a high crime area. The management company […]
Senior Associate Molly O’Connor’s client First Baptist Church of Snellville was recently granted summary judgment in a trip and fall case where the Plaintiff, Eugenia Holden, tripped over a handicap curb while approaching the main entrance of the church for a Christmas event. What was especially interesting about this suit was that Plaintiff admitted to […]
In City of Atlanta v. McCrary, 760 S.E.2d 696 (2014) Plaintiffs alleged, among other claims, that the City of Atlanta maintained a nuisance by failing to enforce its own high speed pursuit policy after a high speed chase resulted in a deadly collision. In reversing the trial court, the Court of Appeals seemed skeptical that […]
The Court of Appeals recognized how the traditionally ministerial act of vehicle maintenance can become discretionary when the maintenance act at issue is neither standard nor routine. In City of Milledgeville v. Primus, 325 Ga. App. 553, 753 S.E.2d 146 (2013), Lucricious Primus was injured when the brake line burst in the bus he was […]
Under the doctrine of respondeat superior in Georgia, an employer is liable for injuries to another proximately resulting from the acts of an employee committed within the scope of his or her employment. O.C.G.A. § 51-2-2. Typically speaking, Georgia law does not consider an employee’s commute within the scope of employment for the purposes of […]
In Polo Golf & Country Club Homeowner’s Association, Inc. v. Rymer, 294 Ga. 489, 754 S.E.2d 42 (2014), the Supreme Court of Georgia affirmed the denial of the defendant association’s motion for summary judgment on plaintiffs Rymers complaint for property damage as a result of continuous flooding on the Rymers property. The Rymers are property […]