Appeals
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…
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 ahead of the pursuit, exited the vehicle, removed the “stop sticks” from his trunk and stood behind his car to throw the sticks in the path of the fleeing driver. The fleeing driver swerved to miss them and struck the plaintiff, a pedestrian. The question on appeal was whether the officer’s actions amounted to the “negligent use of a motor vehicle” for purposes of the City’s statutory waiver of sovereign immunity.
The Georgia Court of Appeals held that while the officer “used” his vehicle in a broad sense, that “use” was too attenuated from the plaintiff’s injuries to have caused them. Furthermore, the Court held that the officer’s “use” of the vehicle to drive to the scene and assist in a pursuit was not “negligent,” and thus the plaintiff failed to show that her injuries arose from the “negligent use of a motor vehicle.” The plaintiff sought review of this decision by the Georgia Supreme Court, which denied the plaintiff’s request.
Clementina Hernandez-Flores v. City of Roswell
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
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Georgia Court of Appeals Victory
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Defense Verdict in Massachusetts Wrongful Death Case
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Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
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Illinois Appellate Court Upholds Pre-Accident Waiver
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Ohio Appellate Court Upholds Summary Judgment Based on Known Danger
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Florida Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
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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,…