Appeals

Christopher Lynch and Edward Storck Successfully Obtain Summary Judgment Pursuant to Conn. Gen. Stat. § 14-60

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…

Download Now

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)

Professionals

More Successes

FMG Attorneys Prevail in Multimillion-Dollar Class Action Pension Dispute in Georgia

FMG attorneys Ben Mathis, Michael Freed, and Bill Buechner prevailed on behalf of Hall County, Georgia in a pension dispute seeking over $100 million in lost contributions and profits on behalf of a class of…

Massachusetts Federal Court Dismisses Legal Malpractice Case

Attorneys Jessica Kelly and Andrew Vandini obtained full dismissal of a complaint in the U.S. District Court for the District of Massachusetts on the ground that the Massachusetts court lacked personal jurisdiction over our clients,…

Pennsylvania Court of Appeals Affirms Summary Judgment to FMG Client

FMG attorneys Erin Lamb, Lisa Grandner, and Joshua Ferguson obtained summary judgment for a client in a case in Pennsylvania arising out of an accident between the plaintiff’s motorcycle and a motor vehicle  that occurred…

FMG Client Wins Kentucky Appeal on Scope of Settlement Agreement

Attorneys Barry Miller and Sean Harrison from FMG’s Lexington, Kentucky office prevailed in a matter before the Kentucky Court of Appeals where the plaintiff challenged the enforcement of a settlement agreement that purportedly resolved a…

FMG Client Prevails in Coverage Appeal in Georgia

FMG attorneys Rachael Slimmon and Michael Freed prevailed in an appeal before the Georgia Supreme Court by an insured apartment owner/manager. FMG’s client issued an umbrella policy to the insured which “followed form” to a…

Eleventh Circuit Victory in Insurance Coverage Case

FMG attorneys Michael Freed, Matt Boyer, and Rachael Slimmon prevailed in the Eleventh Circuit Court of Appeals in an insurance coverage case addressing the priority of coverage between its client’s umbrella policy and another carrier’s…

Appeals Court Win in Multi-Million Dollar Class Action Benefits Case in Georgia

FMG attorneys Ben Mathis, Bill Buechner, and Michael Freed secured a favorable decision from the Georgia Court of Appeals affirming summary judgment in a class action case challenging a Georgia county’s employee retirement plan. The…

Eleventh Circuit Affirms Dismissal of Georgia Principal in § 1983 and Title IX claim

Wayne  Melnick and Bill Buechner recently won an appeal in the United States Court of Appeals for the Eleventh Circuit in sex discrimination claims under Section 1983 and Title IX arising out of a school…

Arizona Court of Appeals Dismisses Dangerous Conditions Claim 

Attorneys 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…

Supreme Court to Review Fifth Circuit Decision

Partner Philp Savrin, with the assistance of partners Michael Freed, Christian Foy Nagy, and Elissa Haynes, authored a petition to the United States Supreme Court section review a decision of the Fifth Court of Appeals…

Georgia Court of Appeals Opinion on Pre-Suit Notice

FMG prevailed in the Georgia Court of Appeals on behalf of its client, the City of Alpharetta. The case involved a claim related to stormwater entering onto a residential property. Attorneys Amy Cowan, Marissa Dunn,…

Dismissal of a Petition for Writ of Certiorari

FMG Attorneys Amy Cowan and Nicolas Bohorquez obtained the dismissal of a complaint for writ of mandamus on behalf of the City Council of Peachtree City (“City Council”) in Fayette County Superior Court. The plaintiff,…