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Walter McClelland Voted A Georgia “Super Lawyer” For The 11th Consecutive Year

March 17, 2015

Mabry & McClelland, LLP is proud to announce that Partner Walter McClelland has been voted a Georgia “Super Lawyer” by Super Lawyers® and Atlanta Magazine for significant professional achievement and peer recognition in his field.  The “Super Lawyer” recognition is attained by only 5% of lawyers in each state.  Notably, Mr. McClelland has achieved this […]

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Case Law Update: Georgia Court Of Appeals Confirms Observations By Officer In Police Report Are Admissible Exceptions To Hearsay

March 13, 2015

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 […]

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Mabry & McClelland Welcomes Two New Associates

February 17, 2015

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 […]

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Case Law Update: Georgia Court Of Appeals: Potential For Parental Liability With Awareness Of Harm Or Potential Harm From Children’s Unsupervised Online Activity

February 10, 2015

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 […]

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Case Law Update: Court of Appeals Reaffirms Children Are Not Inherently Dangerous

January 20, 2015

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 […]

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Case Law Update: Georgia Supreme Court Finds Jury Question Regarding The Vicarious Liability Of Apartment Complex For Actions Of Off-Duty Police Officer

December 8, 2014

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 […]

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Mabry & McClelland Wins Summary Judgment For First Baptist Church Of Snellville In Trip And Fall Case

November 7, 2014

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 […]

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Case Law Update: Court Of Appeals Finds No Viable Nuisance Claim Against The City Of Atlanta In High Speed Pursuit Case

October 31, 2014

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 […]

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Case Law Update: A Municipality Can Have Sovereign Immunity When A Typically Ministerial Act Is Deemed Discretionary

October 17, 2014

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 […]

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Case Law Update: Company Vehicles and Employer Liability

October 6, 2014

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 […]

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