Mike St. Amand successfully defended Moore’s Auto Care and its employee, Wade Wilhoit, in the case of Gary Coggins v. Moore’s Auto Care in a Polk County trial October 20-23, 2014. Mr. Coggins was represented by an experienced and accomplished local trial attorney, W. Wright Gammon, Jr. The Plaintiff contended that the accident occurred as Defendant Wilhoit was test-driving a malfunctioning 1999 Ford F-450 wrecker truck in a westerly direction on U.S. 278 east of the city limits of Cedartown, Georgia. The Plaintiff and two independent eyewitnesses stated that the wrecker was either stopped or almost stopped in the fast… Read More.
Mike St. Amand obtained a defense verdict in the Superior Court of White County on behalf of Kenneth Nicely in the case of Donna Hulsey and Timothy Hulsey v. Kenneth Nicely. This case was tried November 17-20, 2014 with the jury returning a verdict for the Defendant and asking that the Defendant be reimbursed for all of his attorney’s fees and court costs. On or about February 4, 2013, Plaintiff Donna Lois Hulsey was the driver in a vehicle that was lawfully stopped behind stopped traffic on GA 284 facing North in a 2012 Jeep Patriot. Plaintiff Tim Hulsey (Ms…. Read More.
Recently, we obtained a very defense-favorable resolution to a shooting-injury case in which Plaintiff’s counsel sought an “eight figure” verdict. In this case, the Plaintiff was a young woman who was shot and injured when she and her family were visiting a multiplex movie theatre. The Plaintiff and most of her family were inside the theatre when a gang-related fight erupted in the parking lot. Plaintiff knew her older brother was in the parking lot and went outside to check on him. When Plaintiff went outside, she was shot with a stray bullet fired by one of the fight participants…. Read More.
Court of Appeals Agrees That a Manufacturer Does Not Have a Duty to Warn of Obvious and Avoidable Dangers
On March 17, 2011, the Georgia Court of Appeals in Kelly v. Hedwin Co.¸ affirmed the principle that a manufacturer has no duty to warn of a product-connected danger which is obvious and generally known. The Court upheld the granting of summary judgment to Hedwin Corporation (“Hedwin”) in this products liability lawsuit. Plaintiff Ernie Kelly, a hospital employee, cleaned up formaldehyde spilled by a nurse from a five-gallon plastic storage container originally manufactured by Hedwin. Mr. Kelly, a clinical engineer at the hospital, was at home one evening when he received an emergency call from hospital staff informing him that… Read More.
On March 30, 2011, a divided Georgia Court of Appeals upheld the trial court’s grant of summary judgment to a playground equipment design company in a suit filed on behalf of a 9-year-old boy who sustained serious injuries when he fell off the “Infant Maze” in a Gwinnett County park. The majority of the court believed that the young man, Steven Kane, “appreciated the obvious risk of falling that is associated with climbing to high places and voluntarily assumed that risk as he admitted he knew the dangers associated with climbing things, he did not think his mother would have… Read More.
Rule complicates the decision for the jury and helps the defendant, lawyers contend Written by Katheryn Hayes Tucker from the Daily Report. Lawyers on both sides of a recent trial about a car wreck in which multiple parties could have been held responsible said the case showed the practical effects of Georgia’s apportionment of fault rule. Their conclusion: the apportionment rule, which in an unrelated case is being challenged in the Court of Appeals of Georgia, complicates the decision for the jury and helps the defendant. That assessment alone may not be surprising, given that the rule was adopted by… Read More.
In a quick deliberation, Clayton jurors find movie theater chain not liable for woman tripping over fallen ‘wet floor’ sign Written by Alyson M. Palmer of the Daily Report. A movie theater chain that lost a trip-and-fall case before a unanimous state Supreme court earlier this year has been redeemed by a Clayton County jury. The jury decided this month that AMC is not liable to a woman who claimed she was injured after tripping on a “wet floor” sign at the company’s theater. According to winning lawyer Christopher M. Ziegler of Atlanta’s Gray, Rust, St. Amand, Moffett & Brieske,… Read More.
Manual for plaintiffs’ lawyers teaches to focus on jurors’ survival instincts; Keenan says strategy didn’t apply to case Written by Andy Peters of the Daily Report. For $95, plaintiffs’ lawyers can buy a book that teaches them how to appeal to jurors’ basic survival instincts, those that emanate from humans’ “Reptilian” brains. “When the Reptile sees a survival danger, she protects her genes by impelling the juror to protect himself and the community,” write co-authors Don C. Keenan, an Atlanta plaintiffs’ lawyer, and David Ball, a North Carolina jury consultant. But in a DeKalb County wrongful death trial last month,… Read More.
Verdicts & Settlements Written and published by the Daily Report. A Fulton County jury declined to assign liability to a woman who struck and killed a Georgia Tech researcher when he skated in front of her car at an intersection near Alpharetta’s Big Creek Greenway Park, handing down a defense verdict after a little more than hour of deliberation, said the defendant’s lawyer. Ilia R. Vassiliev, a russian-born research assistant in the field of photo- synthesis, was 46 and “by all accounts a genius,” said defense attorney Matthew G. Moffett of Gray, Rust, St. Amand, Moffett & Brieske. The scientist… Read More.
Last year, GRSMB recently attained judgment in favor of a client and insurance company, in the amount of all litigation fees and expenses paid by the insurance company in the defense of their insured. The Georgia Court of Appeals now has affirmed that decision in favor of our client and their insurance company. GRSMB lawyers represented a private learning institution and after filing the answer made a Rule 68 offer of settlement to the Plaintiff who then rejected the offer. After we prevailed for the client on summary judgment, we filed a motion to recoup the fees and expenses paid… Read More.