Appeals
Arizona Court of Appeals Dismisses Dangerous Conditions Claim
Marc Shrake, Zach Moura and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking lot…
Marc Shrake, Zach Moura and Christian Nagy were handed a win for the City of Page, Arizona following an appeal from a successful motion for summary judgment. A tourist taking photographs in a parking lot owned by the City of Page was struck and killed by a tour bus. After being sued by the tourist’s family, the bus owner filed a cross-complaint against the City on the theory that it had failed to maintain the parking lot it set up for tourists to visit Horseshoe Bend on the Colorado River.
The Court of Appeals affirmed summary judgment in the City’s favor, agreeing with our statutory interpretation of “premises” and holding that the bus owner had failed to introduce any admissible evidence of gross negligence by the City (which would have overcome the statutory qualified immunity). In so doing, the Court also shot down appellants’ argument that objections not ruled on at the summary judgement stage were waived, expressly finding that we had preserved the City’s objections and sustaining a critical hearsay objection against the bus owner. The City was awarded its costs on appeal.
More Successes
More Successes
Double Win in Colorado Court of Appeals Limiting Expanded Broker Liability
Two companion Colorado Court of Appeals decisions delivered appellate wins for FMG’s insurance broker clients, affirming summary judgment and reinforcing key limits on broker liability. In Mayfield v. DeLaCroix, the Court held that an agent owes no…
Georgia Court of Appeals Affirms Summary Judgment in Wrongful Death Case
FMG attorney Elissa Haynes secured an appellate victory in the Georgia Court of Appeals, which unanimously affirmed summary judgment in a wrongful death action arising from a fatal fall at an electrical battery plant. The Court…
Massachusetts Appeals Court Affirms Dismissal of Accounting-Malpractice Claims
FMG attorney Will Covino prevailed in the Massachusetts Appeals Court on behalf of a local accounting firm, defeating an accounting‑malpractice claim in which the plaintiffs sought millions of dollars in damages tied to purported below‑market valuations and…
Eleventh Circuit Court of Appeals Reverses Denial of Qualified Immunity
In a collaboration among FMG’s Labor & Employment, Government Law and Appellate Advocacy practice groups, attorneys Jack Hancock, John Bennett, Kirsten Daughdril and Michael Freed obtained a reversal of a federal district court’s ruling denying qualified immunity to a county commissioner.…
Georgia Court of Appeals Affirms Dismissal in Insurance Coverage Dispute
FMG attorneys Scott Anderson, Jacob Madsen and Cameron Regnery recently obtained a victory in the Court of Appeals of Georgia, receiving a judgment affirming dismissal of all claims against a Georgia insurance broker. The plaintiff, a commercial trucking company, alleged…
Eleventh Circuit Affirms Summary Judgment in Wrongful Death Action
FMG attorneys Sun Choy and Wes Jackson prevailed on all claims in wrongful death civil rights action on behalf of four deputies at a metro-area county jail. The plaintiffs claimed the four deputies failed to provide adequate medical care…
Eleventh Circuit Affirms Summary Judgment in Property Loss Suit
FMG attorneys Phil Savrin and Bill Buechner secured summary judgment in favor of an insurance company that had been sued for millions of dollars in claimed property losses. The lawsuit was filed in 2019 and took several years to…
Georgia Court of Appeals Victory
FMG attorneys Dana Maine, Kevin Stone and Katie Taylor obtained a win in the Georgia Court of Appeals in a tort and breach of contract case against a governmental entity and its development authority. The plaintiff, a subsidiary…
Defense Verdict in Massachusetts Wrongful Death Case
FMG partners Michael J. Griffin and Richard L. Nahigian recently won a medical malpractice wrongful death case filed by the estate of a nursing home resident. The plaintiff’s estate alleged that the 52 year-old wheelchair bound resident died after…
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The…
Illinois Appellate Court Upholds Pre-Accident Waiver
Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor facility. Plaintiff…
Georgia Supreme Court Upholds Sovereign Immunity Dismissal
Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked his car…