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APPELLATE CITATIONS
Appeals Court Citations
Flanagan v. Brown, Ga. App. A12A78377 - ( December 16, 2017 )
Although the Georgia Court of Appeals declined to find that skydiving was an inherently dangerous activity in this matter of first impression in Georgia, because the skydiver was unable to present evidence that the injuries he sustained resulted from colliding with a spectator rather than his inevitable impact with the ground during a crash landing after his parachute malfunctioned, the spectator was entitled to judgment as a matter of law on the skydiver’s personal injury suit against her.
~ Assigned attorney : Richard S. Jaffe, Esq.
Grant v. Reginald, Ga. App. A12A836100 - ( March 31, 2017 )
The case involved a three-vehicle motor vehicle accident. Prior to trial, the plaintiff and the first defendant entered into a stipulation wherein the first defendant admitted simple negligence for contributing to the accident, but asserted that the second defendant was contributorily negligent, and disputed that she was the sole proximate cause of the plaintiff’s damages. The consolidated pretrial order confirmed that the jury was to determine comparative negligence, proximate causation and damages. At trial, the plaintiff moved for a directed verdict as to the first defendant, claiming the stipulation amounted to the first defendant’s admission of a prima facie case of liability. The Georgia Court of Appeals affirmed the trial court’s denial of the plaintiff’s motion for directed verdict because the stipulation did not amount to a prima facie case of liability, since it had to address each of the four essential elements of a negligence action: duty, breach, causation and damages. The stipulation at issue only addressed duty and breach.
~ Assigned attorney : Richard S. Jaffe, Esq.
Stevenson v. Ingleton, Ga. App. A12A558671 - ( April 20, 2016 )
The Georgia Court of Appeals ruled that the Georgia Dram Shop Act does not impose liability upon a social host for injuries to a third person arising out of a guest’s operation of a motor vehicle while under the influence of alcohol where the host does not supply or serve alcohol to the guest after the guest becomes noticeably intoxicated.
~ Assigned attorney : John S. Woo, Esq.
Alicaster v. Stevens, Ga. App. A12A2242456 - ( January 9, 2015 )
The Georgia Court of Appeals ruled that the plaintiff’s failure to perfect service of process upon the defendant driver within the statute of limitations, and the resulting dismissal of the plaintiff’s Complaint against her for lack of personal jurisdiction over the defendant driver, precluded maintaining a claim against the defendant parents of the driver under the Family Purpose Doctrine because liability of the parents would be derivative of the liability of the driver. Since a valid judgment could not be entered against the driver, a valid judgment holding the parents vicariously liable for the negligence of the driver cannot be entered as a matter of law.
~ Assigned attorneys : Richard S. Jaffe, Esq. & John S. Woo, Esq.
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