Appeals
Georgia Supreme Court Rejects Plaintiff’s Request for Review of FMG Appellate Victory in Case Involving Sovereign Immunity
FMG attorneys 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…
FMG attorneys 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
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Appellate Victory Obtained in Case Arising out of Top Rope Climbing Incident in Illinois
FMG attorneys 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…
Ohio Appellate Victory in Slip and Fall Case
FMG attorneys 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…
Florida Appellate Court Reverses Prior Order Incorrectly Denying FMG’s Motion to Dismiss
FMG attorneys 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…
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…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
FMG attorneys 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…
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…
FMG Prevails in Appeal Regarding Municipal Ante Litem Notice in Georgia
FMG attorneys 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…
Interlocutory Appeal of a Legal Malpractice Claim Denied in Massachusetts
Edward P. O’Neil, III, et al. v. Estate of Charles E. Gaudet, et al., Middlesex Superior Court, C.A. No. 2281-CV-03571. FMG attorneys Will Covino and Allison Eddy prevailed in obtaining the dismissal of a myriad…
FMG Assists Evansville, Indiana in Defeating a First Amendment Challenge to its Sign Code
FMG Attorneys Phil Savrin, Sean Harrison, and Bill Buechner successfully represented the City of Evansville, Indiana in an appeal from the dismissal of a First Amendment challenge to a sign ordinance case that was heard…
FMG attorneys Nicolas Bohorquez and Dana Maine successfully defended the City of Roswell and the Director of Planning and Zoning for the City in a lawsuit filed in the United States District Court, Northern District…
A recurring issue in Georgia municipal law is the failure of plaintiffs to comply with the municipal ante litem notice statute, especially the requirement that a person’s notice of a claim include a specific settlement…