Appeals
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on a tractor that was not subject to Georgia’s compulsory insurance laws. In so doing, the Court of Appeals in Insurance Company v. Onionman Company, LLC, 369 Ga. App. 597, 894 S.E.2d 152 (2023) reversed the trial court’s reasoning that the policy was ambiguous such that UM coverage would be imputed to the insurer. In reversing that reasoning, the Court of Appeals determined that a tractor was not in fact an “auto” under the policy for which UM coverage applied. In reaching that decision the Court of Appeals distinguished the decision in Hinton v. Interstate Guaranty Insurance Company, 267 Ga. 516, 480 S.E.2d 842 (1997), in which the Supreme Court of Georgia found that a vehicle struck by a tractor did qualify as a “uninsured motor vehicle” within the meaning of the UM statute. As explained by the Court of Appeals in the Onionman case, the absence of liability coverage for the operation of the tractor meant that the farmer could not recover UM benefits under the policy.
In response to the reversal of the trial court’s opinion, the farmer turned to the Supreme Court of Georgia to request discretionary review by way of petition for certiorari. On March 27, 2024, the Supreme Court denied the request. As such, the Court of Appeals’ decision is the end of the road for the farmer in his quest for UM coverage where none is provided by the terms of the policy.
More Successes
More Successes
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…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Eleventh Circuit Appeal, Secures Qualified Immunity for Georgia Officers
FMG attorneys Michael Freed and Sun Choy obtained a victory in the Eleventh Circuit Court of Appeals on behalf of seven Athens-Clarke County police officers who were granted qualified immunity in a Fourth Amendment excessive…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s defense of…
Fifth Circuit Court of Appeals Sides with FMG Client in Section 1983 Win
FMG attorneys successfully represented Midland County, Texas in a decision that may be headed to the Supreme Court. In Wilson v. Midland County, the Court of Appeals for the Fifth Circuit affirmed the dismissal of…
Dismissal in Georgia Appeal Regarding Municipal Ante Litem Notice
Sun Choy and Jake Daly successfully handled a case in which the Georgia Court of Appeals affirmed the dismissal of a case against FMG’s client, the City of Albany, based on inadequate ante litem (pre-suit)…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad of legal malpractice and conspiracy-based claims asserted against an attorney who purportedly facilitated an oral loan agreement designed to defraud judgment creditors.…