Levy & Pruett’s Notable Cases
Covault v. Harris, 337 Ga. App. 301 (2016)
In Covault, Plaintiff and Defendant were involved in an automobile accident while traveling northbound on Peachtree Street in Atlanta. Plaintiff alleged he was injured in the accident and filed suit on January 26, 2015.Salem v. the Georgia Department of Transportation
In Salem v. the Georgia Department of Transportation, the Plaintiff sued for a catastrophic brain injury he sustained in an automobile collision which occurred just outside of Jesup, Georgia.Brown v. DeKalb County, et al.
On July 28, 2015, in a big win for DeKalb County, the Georgia Court of Appeals reversed itself on the issue of whether lay testimony as to speed, based only on the experience of impact, constituted admissible evidence to defeat summary judgment.Charles Craft v. MEEK MD5, LLC
Plaintiff alleged that he ate chicken nuggets purchased at Defendant’s franchise restaurant and, approximately three-and-a-half hours later, began to experience nausea and diarrhea. Three days later he was diagnosed with Salmonella. Plaintiff claimed medical bills of $21,777.05 and over $135,000 in lost income and loss of earning capacity. He alleged the chicken nuggets were undercooked and were the proximate cause of his injuries. Defendant’s Motion for Summary Judgment granted January, 2013. Georgia Court of Appeals affirmed December 27, 2013.Kelley v. Fowler and Relwof Farms Trucking, Inc., et al.
Plaintiff was injured in an automobile collision with a pick-up truck owned by Defendant Fowler and operated by his farmhand. Plaintiff argued that both the farm and a trucking company owned by Defendant should be held liable for her injuries. Levy & Pruett defended Relwof Farms Trucking, Inc.Leaks v. David Kelly Contracting, Inc., et al.
Plaintiff allegedly injured herself when she fell while trying to get out of a defective chair at a Burger King restaurant. Plaintiff sued three separate defendants: (1) Jan Co. Central, Inc., the owner and operator of the Broad Street Burger King; (2) Diversified Commercial Builders, Inc., the contractor hired by Jan Co. to renovate the Burger King and (3) David Kelly Contracting, the subcontractor hired by Diversified to perform the carpentry portions of the renovations. The Court found that the evidence was undisputed that the work performed by Defendant David Kelly Contracting on the chair where Plaintiff allegedly fell was performed without negligence, was performed pursuant to specific instructions by its employer, Diversified, and was paid for and accepted by Diversified over seven months prior to Plaintiff’s alleged fall. Consequently, the Court found that any recovery from Defendant David Kelly Contracting was barred by the Acceptance Doctrine. Summary Judgment Granted For Defendant David Kelly Contracting, May, 2011.Taylor v. DeKalb County
Plaintiff was a front-seat passenger in a vehicle driven by Robert Lamar, traveling north on Clairmont Road. A DeKalb County police officer was driving southbound in a DeKalb County police unit on his way to back-up a fellow officer. At approximately 2:30 a.m., Mr. Lamar attempted to make a left turn into an apartment complex across the southbound lanes of Clairmont and was struck by the police officer. Plaintiff, who sustained a Traumatic Brain Injury and multiple fractures requiring surgery, sued DeKalb County alleging that the officer was speeding without his blue lights and sirens activated. The jury returned a defense verdict on December 17, 2009.Houston v. Newnan Hospital, et al.
Plaintiff, a Newnan Hospital patient, was given narcotic medication and discharged the same day with instructions not to drive. Plaintiff later arrested for DUI. After found not guilty at criminal trial, Plaintiff alleged a number of claims, including malicious prosecution, against hospital and a nurse. Motion for Summary Judgment in Defendants' favor affirmed May 5, 2009.Reidling v. DOT
Plaintiff alleged their property was damaged due to flooding of a nearby creek. Directed Verdict, 2007.Fraker v. DOT
Two injured and one person killed after a series of collisions in a Georgia DOT work zone. Defense Verdict, 2006.Donaldson v. DOT
Same series of collisions as Fraker case. Defense Verdict, 2006.Hawa v. DOT
Plaintiff suffered serious leg and pelvic injuries when a vehicle left the northbound lanes of Georgia 400, crossed the grassed median and collided with several vehicles. Jury decided in favor of DOT, but against Estate of Moses King for $2,700,000. Defense Verdict, 2006.Reeves v. DOT
Plaintiffs sued DOT for the wrongful deaths of their children. Defense Verdict, 2005.Ogles v. DOT
Plaintiff was rendered quadriplegic in a single car accident. Georgia Court of Appeals affirmed grant of Summary Judgment to Defendant, 2005. Later, that decision was affirmed by the Georgia Supreme Court.Wilder v. Platinum Rotisserie, LLC, d/b/a Boston Market
Plaintiff alleged bathroom partition door broke and fell, striking Plaintiff's leg and resulting in permanent injuries. The Georgia Court of Appeals affirmed grant of Summary Judgment to Defendant, 2004.Greer v. DOT
Plaintiff sued for the wrongful death of her son who was struck by a vehicle as he crossed the state route in front of his home. Summary Judgment granted to Defendant DOT, 2003.Couch v. Swift
Plaintiff alleged Defendant failed to secure the trailer door on an 18-wheeler, causing permanent back injuries to Plaintiff. Defense Verdict, 2003.Ekeke v. Thompkins
Plaintiff alleged Defendant failed to yield while turning left, causing a collision that resulted in injuries to Plaintiff. Defense Verdict, 2002.Smith v. Castleberry, Ward and Byers Engineering Co.
Plaintiff alleged Ward and Byers Engineering were negligent and caused severe personal injuries to Plaintiff. Defense Verdict, 2002.Hindmon v. Virgil's Food Mart, Inc.
Plaintiff alleged Defendant was negligent in putting down a worn rug at the restaurant entranceway. The Georgia Court of Appeals affirmed grant of Summary Judgment to Defendant, 2001.Howard v. Gourmet Concepts International, Inc.
Plaintiff alleged she was severely injured and sued the Gourmet Concepts, owner of the property adjacent to the intersection alleging Gourmet Concepts negligently maintained trees and shrubs on the property. The Georgia Court of Appeals affirmed grant of Summary Judgment to Defendant, 2000.Marcus, et al. v. DOT
Motion for Summary Granted, Affirmed Smith v. Commercial Transp., et al., 220 GA. App. 866 (1996)