Appeals
Court Rules Dealership Not Liable in Motorcycle Crash Case
Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s…
Christopher Lynch and Edward Storck obtained summary judgment in a case involving suit by plaintiff against the client dealership and the tortfeasor who was loaned a motor vehicle by the client dealership while the tortfeasor’s vehicle was in for repairs. Tortfeasor struck plaintiff while he was riding his motorcycle causing significant injuries with damages well in excess of the policy for the tortfeasor. Plaintiff brought suit against the dealership pursuant to Conn. Gen. Stat. § 14-154a which created vicarious liability for motor vehicle lessors. In the underlying suit, we successfully obtained Summary Judgment on behalf of the dealership pursuant to Conn. Gen. Stat. § 14-60, which grants immunity for dealers who loan motor vehicles/dealer plates to customers while the customer’s vehicle is being prepared and the dealership obtains proof of insurance from the customer. In the Appeal, Plaintiff argued that the trial court got it wrong by concluding that there was no question of fact that the transaction was a loan and not a rental. The Appellant argued that the agreement that the Dealership had the customer signed used the word rental approximately 27 times throughout the document, the document itself was titled “Rental Agreement” and the agreement itself indicated that it was for consideration. The Plaintiff argued that a jury should have been allowed to decided what type of transaction was involved.
Kyle McCall v. Gina Sopneski et al. (AC 42498)
More Successes
More Successes
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…
Ohio Appellate Court Upholds Summary Judgment Based on Known Danger
Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and fall case.…
Florida Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement agreement. Based…