Defense
Patrick O’Connor and Amelia Stevens Win Defense Verdict at Trial of Civil Rights Case Involving Detainees’ Right to Vegan Meals
Pat O’Connor and Amelia Stevens successfully defended a Glynn County jail administrator in a federal court trial over a couple’s First Amendment rights to receive vegan meals they requested for their alleged religious beliefs. Following a two-day trial in the U.S. District Court for the Southern District of Georgia before the Honorable Lisa Godbey Wood, the jury delivered a verdict in favor of the defendant. More information about the defense verdict can be found at https://www.law.com/dailyreportonline/2023/08/14/jury-rules-in-ga-jailers-favor-in-trial-over-inmates-right-to-vegan-meals/. (United States District Court for the Southern District of Georgia, Case No. 2:19-cv-167-LGW-BWC)
Defense
PAUL THRELKELD AND BOBO MULLENS WIN JURY TRIAL FOR GEORGIA PORTS AUTHORITY
Paul H. Threlkeld and David Bobo Mullens, III successfully obtained a directed verdict on the second day of a jury trial in the State Court of Chatham County on behalf of the Georgia Ports Authority (“GPA”). The Plaintiff asserted claims of negligence and negligent supervision and training after Plaintiff was injured while working at GPA’s Garden City Terminal. From the beginning of the lawsuit, GPA asserted that Plaintiff was standing in a prohibited area and was not paying attention to his surroundings. After Plaintiff presented his case (including five witnesses) and rested, Mr. Threlkeld and Mr. Mullens moved for directed verdict. The Court granted directed verdict in favor of GPA on all grounds prayed for in the motion. The case is Lewis v. Georgia Ports Authority, STCV20-00235 and was tried January 22-23, 2024.
Defense
Patrick O’Connor, Jacob Massee, and Amelia Stevens Obtain Summary Judgment in Tree Fall Case Against Glynn County
Pat O’Connor, Jacob Massee, and Amelia Stevens recently obtained summary judgment on behalf of Glynn County and individual employees of the Glynn County Public Works Department. The Plaintiffs alleged that they were injured when the limb of a tree located on County right-of-way broke off and fell on them. The County and its employees argued that the public works department had adequately inspected the tree and could not have predicted that the limb would fall. Glynn County Superior Court Judge Stephen Kelley determined that the County was entitled to sovereign immunity and the individual employees were protected by official immunity. The Court dismissed the case with prejudice, and Plaintiffs did not appeal. (Glynn County Superior Court, Civil Action No. CE21-0099)
Defense
PAUL H. THRELKELD AND D. BOBO MULLENS SECURE FAVORABLE RULING FROM THE GEORGIA SUPREME COURT
On March 7, 2023, the Georgia Supreme Court ruled in favor of Oliver Maner client Georgia Ports Authority (“GPA”). With this ruling, Mullens and Threlkeld secured favorable outcomes for GPA at every stage of the litigation. The Georgia Supreme Court denied Plaintiff/Appellant’s Petition for Certiorari seeking to overturn the prior decisions of the Georgia Court of Appeals and trial court, both of which had granted (or affirmed) summary judgment in favor of GPA. GPA was sued for negligence related to the actions of a GPA Police Officer during the docking of a vessel. The appellate courts held that the record supported the trial court’s finding that the GPA officer involved in the case was executing his law enforcement duties in compliance with the GPA’s policies and thus the “law enforcement, police or fire protection” exception to liability under the Georgia Tort Claims Act applied. The case is Bryant v. Georgia Ports Authority, S22C1208 (March 7, 2023).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major secure a $1,000,000 consent judgment in wrongful death case arising from a tractor-trailer collision. Houston v. Hines, et al.
Defense
PAT O’CONNOR AND AMELIA STEVENS WIN SUMMARY JUDGMENT FOR LAURENS COUNTY SHERIFF AND INDIVIDUAL JAILER DEFENDANTS
Pat O’Connor and Amelia Stevens recently obtained summary judgment on behalf of the Sheriff of Laurens County and individual jailers at the Laurens County Detention Center. Plaintiff, a pre-trial detainee formerly incarcerated at the Laurens County Detention Center, asserted 42 U.S.C. § 1983 claims for violation of his Fourth, Eighth, and Fourteenth Amendment rights alleging the jailers used excessive force against him and were deliberately indifferent to his medical needs. The Southern District of Georgia found that the jailers’ actions were reasonable in light of the plaintiff’s conduct toward the jailers and the countervailing interests of maintaining a safe and secure jail facility. The Court also held that the plaintiff could not show that he had an obvious serious medical need, that the jailers subjectively knew of and disregarded a risk of serious harm, or that any delay in receiving medical treatment caused his medical condition to worsen. Thus, there was no constitutional violation and summary judgment was entered in favor of the Sheriff and individual jailers. (United States District Court for the Southern District of Georgia, Case No. 3:21-cv-00049).
Defense
Jacob Massee, Amelia Stevens, and Ben Tuten achieve dismissal of a Section 1983 action against correctional officers at Wheeler Correctional Facility
The Plaintiff, an inmate at Wheeler Correctional Facility, alleged that correctional officers used excessive force against him and were deliberately indifferent to his serious medical needs during an encounter wherein Plaintiff attempted to harm himself while housed in a medical observation cell. Although video footage of the incident showed that officers acted appropriately in their efforts to deescalate the situation and prevent Plaintiff from causing further harm to himself, the merits of the case were never reached. Plaintiff did not file a grievance regarding the incident and, thus, failed to exhaust his administrative remedies before filing suit. Counsel for the Defendants filed a motion to dismiss on this issue, which was granted by the court, and Plaintiff’s claims were dismissed in their entirety. (United States District Court for the Southern District of Georgia, Case No. 3:22-cv-00088-DHB-BKE.)
Defense
PAUL THRELKELD AND DAVID BOBO MULLENS WIN DISMISSAL ON BEHALF OF THE GEORGIA PORTS AUTHORITY
Paul Threlkeld and Bobo Mullens recently won dismissal of Plaintiff’s lawsuit in favor of the Georgia Ports Authority. The Plaintiff asserted claims of serious injuries after she ran over a pothole while operating a jockey truck at GPA’ Garden City Terminal. In response, Oliver Maner moved for dismissal on the basis of sovereign immunity (no GPA employee engaged in any negligent conduct that waived immunity) and moved for summary judgment pursuant to the equal knowledge rule. After briefing by the parties and oral argument, the State Court of Chatham County ruled that the Plaintiff’s claims were barred by sovereign immunity and entered an order on January 30, 2024 dismissing all of Plaintiff’s claims against the Georgia Ports Authority. (State Court of Chatham County, Civil Action No. STCV22-696).
Plaintiff
Larry Evans Secures Tax Appeal Win
Mr. Evans represented a commercial owner and manager of student housing apartment complexes in a tax appeal before the Chatham County Board of Equalization. After an evidentiary hearing, Mr. Evans obtained a reduction in the tax-appraised value of the client’s property of more than $7 million, resulting in tax savings to the client of nearly $1 million.
Plaintiff
Larry Evans, Bobo Mullens, and Wes Rahn Obtain Interloctory Injunction Halting Foreclosure of Hotel
Mr. Evans, Mr. Mullens, and Mr. Rahn sued a lender on behalf of a regionally-based, independently flagged hotel operator. The lender claimed default of the hotel’s $2.4 million construction loan and sought to foreclose on the hotel collateral. The Oliver Maner attorneys argued that the lender failed to provide proper notice of default and improperly assessed default interest and late fees. The Superior Court of Chatham County agreed and temporarily enjoined the lender’s planned foreclosure. Thereafter, Mr. Evans, Mr. Mullens, and Mr. Rahn leveraged the injunction to secure a favorable settlement of the client’s debt which the client then refinanced with another lender.
Defense
PAUL H. THRELKELD AND DAVID BOBO MULLENS SECURE FAVORABLE RULING FROM THE GEORGIA COURT OF APPEALS
The Georgia Court of Appeals affirmed summary judgment in favor of Oliver Maner client Georgia Ports Authority. Plaintiff asserted claims of negligence related to the actions of a GPA Police Officer during the docking of a vessel. After briefing by the parties the Georgia Court of Appeals affirmed Chatham County State Court Judge Elizabeth Coolidge’s entry of summary judgment on the basis of sovereign immunity. The Court reasoned that, “the record supports the trial court’s finding that the [GPA employee] was executing his law enforcement duties in compliance with the GPA’s policies” and thus the “law enforcement, police or fire protection” exception to liability under the Georgia Tort Claims Act applied. The case is Bryant v. Georgia Ports Authority, A22A0500 (June 13, 2022).
Defense
PAUL H. THRELKELD AND DAVID BOBO MULLENS SECURE FAVORABLE RULING FROM THE GEORGIA COURT OF APPEALS
The Georgia Court of Appeals recently affirmed summary judgment in favor of Oliver Maner client, the City of Vidalia, Georgia. The Plaintiff asserted a claim of negligence against the City for allegedly failing to prevent the murder of a citizen by a convicted felon who was on conditional release from Manatee County, Florida at the time of the incident. At the trial court, the City successfully argued that the claims were barred because Plaintiff failed to send an adequate ante litem notice to the City prior to filing suit. The Georgia Court of Appeals affirmed summary judgment in favor of the City based on an inadequate ante litem notice. The Court reasoned that, “Plaintiff’s argument that her claim for ‘not less than $10,000,000 substantially complie[d] with Georgia’s requirements for ante litem notices’” was unsupported by O.C.G.A. § 36-33-5 and relevant case law, and thus, summary judgment was proper. The case is Brandenburg v. City of Vidalia, et al., A22AA11027 (November 3, 2022).
Plaintiff
Larry Evans Obtains Summary Judgment Award Establishing Adverse Possesssion of Disputed Real Estate
Mr. Evans filed a quiet title action on behalf of a building owner against the neighboring building owner in a dispute over ownership of a courtyard adjacent to the conjoined downtown buildings. Despite record title in favor of the opposing party, Mr. Evans established his client’s exclusive use of the entire courtyard for more than thirty years and obtained a summary judgment award granting full title to his client under the doctrine of adverse possession.
Defense
Patrick O’Connor, Jacob Massee, and Amelia Stevens Obtain Dismissal of Civil Rights Lawsuit Involving Roadside Search
Pat O’Connor, Jacob Massee, and Amelia Stevens recently defended an action involving a roadside police search that was dismissed with prejudice. The defendant, a police officer, was called to the scene to conduct a pat-down search of the plaintiff, who had been arrested for drug-related charges. The plaintiff alleged the search was improper; however, throughout the case, the plaintiff and her witnesses provided conflicting and contradictory testimony regarding the search. Ultimately, the plaintiff—after her attorney was sanctioned for violating a local rule against speaking to the media about a pending civil action—elected to dismiss her case with prejudice. (United States District Court for the Southern District of Georgia, Case No. 4:22-cv-00123-WTM-CLR.)
Defense
Patrick O’Connor, Jacob Massee, and Amelia Stevens Obtain Dismissal of Civil Rights Case Involving Sheriff’s Deputies
Pat O’Connor, Jacob Massee, and Amelia Stevens successfully moved to dismiss a civil rights action in which the plaintiff had sued two sheriff’s deputies for claims stemming from his arrest. At the time of the incident, the plaintiff attempted to fight the deputies and resisted arrest. As explained in the motion to dismiss, the plaintiff’s claims against the deputies were barred because the plaintiff was tried and convicted of the criminal charges underlying the arrest. The Court found that the plaintiff’s civil action was an improper collateral attack of his criminal conviction and thus dismissed the case. (United States District Court for the Southern District of Georgia, Case No. 6:20-cv-00122-JHR-BKE.)
Defense
Jacob Massee and Amelia Stevens Obtain Dismissal of Claim Against CoreCivic and Warden Robert Adams, Jr., of Jenkins Correctional Center
Jacob Massee and Amelia Stevens recently defended an action on behalf of CoreCivic, the owner and operator of Jenkins Correctional Center, and Warden Robert Adams, Jr. The Plaintiff, a former assistance maintenance supervisor at the prison, claimed that CoreCivic should be required to pay for damages to his vehicle allegedly caused by a falling tree limb while he was en route to work. The case was dismissed for want of prosecution after the Plaintiff failed to appear for the hearing on his claims. (Jenkins County Magistrate Court, Case No. 22-111CS.)
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a products liability claim on behalf of an injured farm worker and his wife for $9,000,000.
Plaintiff
LARRY EVANS AND BRIAN GRIFFIN WIN SUMMARY JUDGMENT FOR HEIR OF WILL
In a will contest, Larry Evans and Brian Griffin recently obtained a ruling that Oliver Maner’s client is entitled to inherit one-half of her deceased uncle’s personal residence. The will contained conflicting language which the decedent’s daughter and executor relied on to claim that she should inherit the entire residence, to the exclusion of Oliver Maner’s client. Mr. Evans and Mr. Griffin filed suit, arguing that the express language of the will, along with rules of will construction developed over decades of common law, established that the decedent intended for them to share the property. The Superior Court of Glynn County agreed and granted summary judgment, awarding a one-half interest to Oliver Maner’s client. (Hannon v. Buchanan; CE21-00007)
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a personal injury case on behalf of a woman severely injured in a wreck by a DUI driver for $850,000.
Plaintiff
Larry Evans and Bobo Mullens Obtain Award After Bench Trial in Commercial Dispute
Following a bench trial in front of Chatham County Superior Court Judge Michael L. Karpf, the court awarded $191,202.11 to Oliver Maner’s client, an apartment complex owner. The case involved a dispute over the performance of four separate construction projects at a local apartment complex, including the replacement of exterior windows and doors, as well as claims for fraudulent or negligent misrepresentation related to the presentment of false change orders by the general contractor. The court’s award includes $45,902.20 in actual damages, $91,808.40 in punitive damages, and $53,491.51 in attorneys’ fees. Oliver Maner partners Larry Evans and Bobo Mullens represented the apartment complex owner.
Defense
LARRY EVANS WINS SUMMARY JUDGMENT FOR BANK CLIENT IN CONSTRUCTION LOAN DISPUTE
Larry Evans defended a lender from thirteen causes of action filed by a borrower, alleging that the bank negligently administered a construction loan and improperly disbursed loan proceeds to the borrower’s general contractor. The borrower sought to recover the loan proceeds and the amounts owed to satisfy liens placed on the collateral real estate by subcontractors. After extensive discovery, Mr. Evans filed a motion for summary judgment arguing that the bank had no duty to protect the borrower from the borrower’s failure to adequately capitalize the project and ensure that the subcontractors were paid. The State Court of Fulton County granted the motion and dismissed all claims against Oliver Maner’s client. (OMP Properties, LLC v. Touchmark Bancshares, Inc.; 21EV000947)
Plaintiff
Larry Evans Prevails on Claim for Ejectment
Mr. Evans sued to eject from real property an individual who claimed to have purchased the property from the client’s deceased father. The opposing party produced a contract but no evidence of payment or transfer of title. Through discovery and a motion for summary judgment, Mr. Evans proved Oliver Maner’s client possessed superior title and obtained an award removing the opposing party from the property.
Defense
Jacob Massee and Amelia Stevens Obtain Summary Judgment in Civil Rights Action Involving Correctional Officer at Wheeler Correctional Facility
Jacob Massee and Amelia Stevens recently obtained summary judgment on behalf of a correctional officer at Wheeler Correctional Facility. Plaintiff, a prisoner formerly incarcerated at Wheeler Correctional Facility, asserted a 42 U.S.C. § 1983 claim for violation of his Eighth Amendment rights, alleging that the officer was deliberately indifferent to Plaintiff’s serious medical needs when he instructed Plaintiff to move to a top bunk despite Plaintiff’s insistence that he needed a bottom bunk. Plaintiff alleged that he was later injured when he jumped off the top bunk. The defense argued and the Court concluded that Plaintiff had no objectively serious medical need for a bottom bunk profile, the officer did not disregard any excessive risk to Plaintiff’s safety by instructing Plaintiff to move to the top bunk, and the officer’s actions were not the proximate cause of Plaintiff’s injuries. The Court dismissed the case with prejudice, and Plaintiff did not appeal. (United States District Court for the Southern District of Georgia, Case No. 3:21-cv-016-DHB-BKE)
Defense
Patrick O’Connor and Amelia Stevens Obtain Dismissal of Civil Rights Case Against Police Officers
Pat O’Connor and Amelia Stevens recently defended a case on behalf of several police officers involving the arrest of Plaintiff at a local Walmart for shoplifting and possession of controlled substances. Plaintiff physically resisted the arrest before kicking officers and attempting to flee. The officers apprehended Plaintiff and placed him under arrest. Plaintiff filed a lawsuit pursuant to 42 U.S.C. § 1983, claiming that the officers used excessive force in violation of his Fourth Amendment rights. The defense maintained that the officers used reasonable force in effectuating the arrest and that they were entitled to qualified immunity. The Court granted the officers’ motion to dismiss after Plaintiff failed to comply with discovery and prosecute his case. (United States District Court for the Southern District of Georgia, Case No. 4:20-cv-00254-JRH.)
Defense
PATRICK T. O'CONNOR AND DAVID BOBO MULLENS WIN SUMMARY JUDGMENT FOR DEPUTY SHERIFF
Pat O’Connor and Bobo Mullens obtained dismissal of all claims filed against Deputy Sheriff Robert McQuaig of the Effingham County Sheriff’s Department. Plaintiff asserted claims of malicious prosecution, false arrest, false imprisonment, cruel and unusual punishment, infliction of emotional distress, defamation, negligence, and tortious interference with business relations related to Deputy McQuaig’s criminal investigation of Plaintiff for theft by conversion of funds received for a construction project. After briefing by the parties, Effingham County State Court Judge Stephen Yekel ruled that all of Plaintiff’s claims against Deputy McQuaig failed as a matter of law based on sovereign and qualified immunity. (Dunn v. Roberts and McQuaig, Civil Action No. STCV20-00148, September 6, 2022).
Defense
PAUL THRELKELD AND BOBO MULLENS WIN SUMMARY JUDGMENT FOR THE GEORGIA PORTS AUTHORITY
Paul Threlkeld and Bobo Mullens recently won dismissal of Plaintiff’s claims in favor of the Georgia Ports Authority. The Plaintiff asserted claims of negligence related to his slip and fall on GPA property. In response, Oliver Maner moved for dismissal on the basis of sovereign immunity, as well as for summary judgment pursuant to the superior knowledge doctrine. After extensive briefing by the parties, State Court Judge Derek White ruled that the Plaintiff’s claims were barred and entered an order on June 8, 2022, dismissing Plaintiff’s lawsuit against the Georgia Ports Authority. (State Court of Chatham County, Civil Action No. STCV20-885).
Defense
LARRY EVANS AND DAVID BOBO MULLENS SECURE DIMISSAL OF A LAWSUIT ALLEGING VIOLATIONS OF THE FAMILY’S FIRST CORONAVIRUS RESPONSE ACT (“FCCRA”), FAMILY MEDICAL LEAVE ACT (“FMLA”), AND FAIR LABOR STANDARDS ACT (“FLSA”)
A former employee sued Oliver Maner’s client seeking monetary damages arising from his termination in the summer of 2020. Plaintiff asserted that prior to his termination he requested and qualified for two weeks of paid leave, and that he requested additional leave under the FCRA to care for family members. Larry Evans and Bobo Mullens used discovery to identify legal and factual deficiencies in Plaintiff’s allegations and obtained dismissal of the case without Oliver Maner’s corporate client having to sit for depositions or engage in significant motions practice.
Defense
PAUL H. THRELKELD AND D. BOBO MULLENS, III WIN SUMMARY JUDGMENT FOR THE CITY OF VIDALIA
On December 22, 2021, the Superior Court of Toombs County granted summary judgment to the firm’s client, the City of Vidalia, Georgia, in Brandenburg v. City of Vidalia, et al. Civil Action No. 19-CV-270. The Plaintiff asserted a claim of negligence against the City for allegedly failing to prevent the murder of a citizen by a convicted felon who was on conditional release from Manatee County, Florida, at the time of the incident. The Court ruled that Plaintiff’s claims were barred as a matter of law by the public duty doctrine and for Plaintiff’s failure to send the appropriate ante litem notice to the City prior to filing suit. All claims against the City were dismissed with prejudice. The City of Vidalia was represented by Paul H. Threlkeld and D. Bobo Mullens, III.
Defense
PATRICK T. O'CONNOR AND DAVID BOBO MULLENS SECURE FAVORABLE RULING FROM THE GEORGIA COURT OF APPEALS
On September 15, 2021, the Georgia Court of Appeals affirmed summary judgment in favor of Oliver Maner clients Sheriff Chris Steverson, Lieutenant Ron Bowdoin, and Sergeant Betty Riddle. Plaintiff asserted various claims related to his arrest and detention for a period of thirty-five days. After extensive briefing by the parties—the Georgia Court of Appeals affirmed Dodge County Superior Court Judge Michael C. Johnson’s entry of summary judgment on the basis of qualified immunity. The Court reasoned that, “there is no indication in the record that any of the Defendants committed any acts against [Plaintiff] with actual malice[... ] we [therefore] affirm the trial court’s grant of summary judgment.” DOPSON v. STEVERSON et al., A21A0785 (Ga. App. September 15, 2021).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a personal injury claim on behalf of a man injured in factory for more than $3M.
Defense
DAVID BOBO MULLENS AND PAUL H. THRELKELD WIN DISMISSAL FOR THE STATE OF SOUTH CAROLINA
Oliver Maner successfully obtained a dismissal in a case filed against the State of South Carolina in the Southern District of Georgia. Plaintiff asserted Fifth and Sixth Amendment claims against the State of South Carolina and additional 42 U.S.C. 1983 claims against various individually named Defendants related to the outcome of a divorce action in family court. Plaintiff alleged that he had been denied due process and right to counsel, and sought injunctive relief. The Honorable R. Stan Baker affirmed the Magistrate Judge’s recommendation that the case against South Carolina be dismissed, holding that Plaintiff’s claims were barred by Eleventh Amendment immunity, lack of jurisdiction, the statute of limitations, and due to improper venue. Plaintiff’s Complaint against the State of South Carolina and individually named Defendants has been dismissed in its entirety. (Campbell v. State of South Carolina, et al., 4:20-cv-309 (S.D. Ga. September 10, 2021)).
Plaintiff
Oliver Maner lawyers Greg Hodges and Bill Hunter obtain a $1,733,184 verdict in a case involving a man injured in a collision with a tractor-trailer.
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a wrongful death case on behalf of the family of a man killed in motor vehicle collision for $6.1 M.
Plaintiff
George Major Secures One Million Dollar Award After Damages Hearing
After a contested hearing on damages, George Major secured a One Million Dollar judgment on behalf of a firm client who was injured when struck by a motor vehicle in a hit-and-run incident. The award consisted of $56,196.60 for medical bills, $300,000.40 for past and future physical and mental pain and suffering, and $643,804.00 in punitive damages.
Defense
DAVID BOBO MULLENS WINS DEFENSE JUDGMENT IN METTER, GEORGIA
David Bobo Mullens, III successfully represented a Candler County deputy sheriff in a bench trial in the Magistrate Court of Candler County. The Plaintiff asserted claims of false arrest and malicious prosecution against a deputy of the Candler County Sheriff’s Office. Mr. Mullens raised sovereign and qualified immunity as affirmative defenses, and established that the deputy conducted a thorough and fair investigation prior to swearing out a warrant for Plaintiff’s arrest. The judge entered judgment in favor of the deputy. (Case No. 21MV0148).
Defense
Larry Evans and Bobo Mullens Defeat Claims For Specific Performance And Damages
A prospective real estate purchaser sued Oliver Maner’s client seeking an order compelling the client to sell it a parcel of property under a sales contract or, alternatively, seeking monetary damages arising from the termination of the sale. Larry Evans and Bobo Mullens prepared a letter brief to the purchaser’s attorney arguing legal and factual deficiencies in the purchaser’s claims and threatening to seek sanctions for frivolous litigation. To avoid sanctions, the purchaser agreed to voluntarily dismiss the lawsuit without Oliver Maner’s client ever having to answer the complaint or otherwise enter an appearance in the case. (Superior Court of Fulton County; Civil Action No. 21CV2178).
Larry Evans Wins Dismissal of Title Claim On Behalf of Property Owner
Larry Evans and Gracie Shepherd recently won dismissal of a case where the plaintiff claimed title to real estate superior to that of Oliver Maner’s client. The client purchased a home in May of 2013. In 2021, the plaintiff filed a lawsuit where he claimed that a special warranty deed recorded in the public records in 2012 gave him title to the home and asked the Superior Court of Chatham County to declare him the owner instead of Oliver Maner’s client. Oliver Maner moved for judgment on the pleadings and showed, on multiple grounds, that the plaintiff lacked standing to assert his claims, and also showed that Oliver Maner’s client’s ownership status was protected by statute because he was a good faith purchaser for value. On July 8, 2021, Judge Timothy R. Walmsley granted Oliver Maner’s motion, found that all of Oliver Maner’s arguments were correct, and dismissed the plaintiff’s case in its entirety. (Superior Court of Chatham County; Civil Action No. SPCV21-396-WA).
Defense
PAUL H. THRELKELD AND DAVID BOBO MULLENS WIN DISMISSAL ON BEHALF OF THE GEORGIA PORTS AUTHORITY
Paul Threlkeld and David Bobo Mullens recently won dismissal of Plaintiff’s claims in favor of the Georgia Ports Authority. The Plaintiff asserted claims of negligence related to the actions of a GPA Police Officer during the docking of a vessel. In response, Oliver Maner moved for dismissal on the basis of sovereign immunity, as well as for summary judgment pursuant to the public duty doctrine and for lack of proximate cause. After extensive briefing by the parties, State Court Judge Elizabeth Coolidge ruled that the Plaintiff’s claims were barred by sovereign immunity and entered an order on June 29, 2021 dismissing all of Plaintiff’s claims against the Georgia Ports Authority. (State Court of Chatham County, Civil Action No. STCV19-821).
Defense
Paul Threlkeld and Elizabeth Holland Win Motion To Dismiss For The Georgia Ports Authority
Paul Threlkeld and Elizabeth Holland recently demonstrated that the Georgia Ports Authority (“GPA”) was entitled to sovereign immunity and secured dismissal for the Port based on lack of jurisdiction. Before bringing a lawsuit against state authorities like GPA, the Georgia Tort Claims Act (“GTCA”) requires plaintiffs to send an ante litem notice to the state entity and the Department of Administrative Services. If a plaintiff fails to strictly comply with the GTCA’s ante litem notice requirements, the state retains sovereign immunity, and courts lack jurisdiction to try the case. The plaintiff attempted to cure his failure to comply with the GTCA by attaching evidence to his response to GPA’s motion to dismiss. Threlkeld and Holland argued plaintiff’s efforts failed to comply with the plain language of the GTCA that requires attachment to the complaint. Agreeing with GPA on May 18, 2021, Chatham County State Court Judge Derek J. White entered an order finding that the plaintiff failed to strictly comply with the ante litem notice requirements of the GTCA when he attached evidence to his response to GPA’s motion to dismiss instead of his complaint and dismissed the plaintiff’s lawsuit against GPA. (Glover v. Georgia Ports Authority, et al., Civil Action No. STCV20-01988).
Defense
Pat O’Connor, Jacob Massee and Amelia Stevens recently obtained an order granting a motion dismiss filed on behalf of an Effingham County Sheriff’s Deputy
Pat O’Connor, Jacob Massee and Amelia Stevens recently obtained an order granting a motion dismiss filed on behalf of an Effingham County Sheriff’s Deputy. The plaintiff sued the deputy on frivolous allegations of false arrest and malicious prosecution, despite the fact that the plaintiff had pled guilty to the charges stemming from the arrest and prosecution at issue. As a result, the Court held the plaintiff had not and could not meet the elements of his claims and that the deputy was further protected by sovereign immunity and official immunity. (Effingham County Superior Court, Case No. SUCV2021000042).
Defense
Larry Evans Obtains Denial of Class Certification
Oliver Maner partner Larry Evans represented a law firm that was sued by two of its former clients for allegedly mishandling litigation funding advances the clients received from a third party. The plaintiffs sought to certify the case as a class action where they would represent all of the law firm’s former clients who received litigation funding advances. After extensive and hard-fought class discovery, Oliver Maner filed briefs opposing the plaintiffs’ motion for class certification. The court ruled in favor of Oliver Maner’s law firm client, permanently dismissing the class claims and effectively eliminating any meaningful exposure to Oliver Maner’s client.
Defense
Ben Perkins, Brian Griffin, and Patrick T. O’Connor Obtain Summary Judgment For City of Tybee Island
On April 20, 2021, Ben Perkins, Brian Griffin, and Patrick T. O’Connor obtained judgment in favor of the City of Tybee Island in a case in which the plaintiff blamed the City for the drowning death of a man swimming in the waters off of Tybee’s South End. The plaintiff contended that the City caused the death because a city lifeguard failed to enter the water quickly enough, which caused the victim to wade deeper into the water to help a struggling friend, where he ultimately drowned. The State Court of Chatham County agreed with Oliver Maner’s summary judgment motion, which asserted that (1) by entering the Atlantic Ocean in the first place, the man assumed the risk that he would drown; and (2) the City was entitled to immunity under Georgia’s Recreational Property Act. Patrina Williams v. City of Tybee Island (State Court of Chatham County Case No. STCV1902172-CO).
Defense
Ben Perkins and Brian Griffin Secure Victories For Chatham County Board of Elections and Chatham County Commissioner Gator Rivers In Series Of High-Profile Election Lawsuits
Ben Perkins and Brian Griffin recently secured three dismissals for firm clients in a series of election lawsuits stemming from the disqualification of former Chatham County Commission candidate Tony Riley. After the Chatham County Board of Elections disqualified Mr. Riley as a Chatham County Commission candidate due to his previously undisclosed felony convictions, Mr. Riley sued to enjoin the BOE from placing signs at polling places to notify voters of his disqualification. Ben and Brian briefed the case and participated in a lengthy hearing, after which the Chatham County Superior Court denied Mr. Riley’s petition for an injunction. In the second case, Mr. Riley appealed the BOE’s decision to disqualify him, arguing that the BOE did not follow the appropriate procedures. Ben and Brian moved to dismiss Mr. Riley’s appeal. The Chatham County Superior Court agreed with their arguments and dismissed the case. Finally, Mr. Riley brought an election contest against the BOE and newly-elected Chatham County District Two Commissioner, Gator Rivers, in an attempt to overturn the result of the election. Ben and Brian filed a motion to dismiss, arguing that the election contest was time-barred. Soon afterwards, Mr. Riley’s attorneys dismissed the case with prejudice. The injunction case is Tony B. Riley v. Chatham County Board of Elections, et al., (Chatham Cty. Sup. Ct. Civil Action No. SPCV20-00953-BA). The appeal is Tony B. Riley v. Chatham County Board of Elections, et al., (Chatham Cty. Sup. Ct. Civil Action No. SPPA20-00971-CO). The election contest is Tony Riley v. Larry “Gator” Rivers; Chatham County Board of Elections,(Chatham Cty. Sup. Ct. Civil Action No. SPCV20-01059).
Defense
Jacob Massee and Stuart Sumner Obtained Summary Judgment on Behalf of Medical Director at Coffee Correctional Facility
Jacob Massee and Stuart Sumner recently obtained summary Judgment on behalf of the medical director of the healthcare contractor at Coffee Correctional Facility. Plaintiff, a prisoner formerly incarcerated at Coffee Correctional Facility, asserted a 42 U.S.C. § 1983 claim for violation of his Eighth Amendment rights alleging he was denied treatment for Hepatitis C. The Southern District of Georgia found that the medical director provided Plaintiff with adequate medical attention and monitoring of his medical condition. The Court further held that the medical director followed the State’s Hepatitis C treatment protocol in treating Plaintiff at the facility. Thus, there was no constitutional violation and summary judgment was entered in favor of the medical director. (United States District Court for the Southern District of Georgia, Case No. 5:18-cv-098).
Defense
Paul Threlkeld, David Bobo Mullens, and Patrick O'Connor Obtain Summary Judgment
The Superior Court of Effingham County granted summary judgment to Effingham County Sheriff's Deputy Robert McQuaig in Barber v. Driggers and McQuaig, Civil Action No. SU17CV11. The Plaintiff, Maria Barber, asserted claims of false arrest and false imprisonment against Deputy McQuaig. Judge Michael Muldrew held that Deputy McQuaig was entitled to qualified immunity from all of Plaintiff's claims and entered an order dismissing all of Plaintiff's claims against Deputy McQuaig with prejudice. Deputy McQuaig was represented by Paul H. Threlkeld, David Bobo Mullens, and Patrick T. O'Connor.
Defense
Patrick O'Connor and Jacob Massee Obtain Summary Judgment in Jail Case Involving Dodge County
Patrick O’Connor and Jacob Massee recently obtained summary judgment for a deputy of the Dodge County Sheriff’s Office after the deputy was sued by a detainee at the Dodge County Jail. The detainee alleged the deputy violated his constitutional rights under the Eighth and Fourteenth Amendments when the detainee was beat up by another prisoner. It was the second fight between the two prisoners, and the detainee asserted the jail staff should have protected him after the first altercation. The Court awarded judgment as a matter of law to the deputy. See Richards v. Daniels, 3:17-cv-00023-DHB-BKE, Rep. & Recommendation (Doc. 45) & Order Adopting Rep. & Recommendation (Doc. 47).
Pro Bono
Bill Hunter, in a pro bono case working with the Southern Center for Human Rights, wins the release from prison for Samuel Smith, a man serving a life sentence for a non-violent drug offense
In 1999, Mr. Smith was convicted for possession of approximately one-eighth of an ounce of cocaine. Because of prior convictions (all non-violent), the Court was forced to sentence Mr. Smith to life in prison pursuant to Georgia’s previous sentencing laws. Mr. Hunter filed a motion on behalf of Mr. Smith, and after consultation with the District Attorney’s office, the Court granted an Order requiring Mr. Smith’s immediate release. Mr. Smith had served nearly 21 years in prison and had been a model inmate. He is now reunited with his family. State of Georgia v. Samuel Anthony Smart - Superior Court of the Eastern Judicial Circuit, State of Georgia, Case No. CR-98-1317-FR
Defense
Ben Perkins Secures Dismissal on Behalf of Chatham County Board of Elections in High-profile Elections Dispute Ahead of Key U.S. Senate Runoff
Oliver Maner LLP partner Ben Perkins secures dismissal of claims alleged against the Chatham County Board of Elections. The Plaintiffs—who included the Georgia Republican Party, the National Republican Senatorial Committee, and the Purdue and Loeffler campaigns for United States Senate—sought an injunction to segregate all ballots cast by voters who registered to vote after the November 3, 2020 general election so that they could be reviewed in the event of an election contest. After an hours-long hearing, Judge Lisa Godbey Wood of the U.S. District Court for the Southern District of Georgia dismissed the case against the Chatham County Board of Elections and all other defendants. The case is styled Georgia Republican Party, Inc. et al v. Brad Raffensperger, et al. (Civil Action No. 2:20-cv-00135-LGW-BWC) (S.D. Ga. December 18, 2020)).
Defense
Patrick O’Connor and Patricia Paul Obtain Judgment in Favor for Serious Allegations of Race Discrimination
On May 29, 2020, Patrick O'Connor and Patricia Paul obtain judgment in favor of all of their clients in a case which made serious allegations of race discrimination and violation of First Amendment rights against twenty-five defendants in the United States District Court for the Southern District of Georgia. Mr. O’Connor and Ms. Paul represented six current or former police chief clients, Garden City Chief Gilbert Ballard, City of Tybee Island Chief Robert Bryson, City of Bloomingdale Chief Blair Jeffcoat, City of Port Wentworth Chief Matthew Libby, former Savannah-Chatham Metropolitan Police Dept. Chief Joseph Lumpkin, and former Pooler Chief Mark Revenew, in the suit styled Kesha Gibson-Carter v. Rape Crisis Center, et al., U.S. District Court for the Southern District of Georgia, Savannah Division, Civil Action No. 4:19-cv-122. The Honorable R. Stan Baker granted the Motions to Dismiss filed by the Oliver Maner partners in a 70 page Order, dismissing all claims asserted against each of the Oliver Maner clients without the need for any discovery.
Defense
Patrick T. O'Connor Obtains Summary Judgment
Patrick T. O’Connor obtained summary judgment for the City of Savannah, its police chief and a Savannah police officer in a lawsuit filed by Javin Cooper who alleged that he was wrongfully arrested in his grandparents’ home in October, 2018. Judge William T. Moore, Jr. ruled that the City of Savannah’s Motion for Summary Judgment should be granted because there was no evidence that the City of Savannah had a custom or policy of permitting unlawful arrests which led to constitutional violations.
Defense
Paul Threlkeld and David Bobo Mullens Win Summary Judgment for Lanier County Clients
Paul Threlkeld and David Bobo Mullens successfully obtain dismissals of Plaintiff’s claims in federal court on behalf of Lanier County, Georgia, Sheriff Norton, and Deputy Smith of the Lanier County Sheriff’s Office. The Plaintiff, who was in custody after being arrested on three felony charges of theft by taking and one count of felony criminal damage to property, thereafter asserted federal claims under 42 U.S.C. 1983 for excessive force and failure to provide medical care and various state law claims related to his transport between jails by the Sheriff’s Office. After extensive briefing by the parties, Judge Hugh Lawson ruled that all of Plaintiff’s claims failed to pass Constitutional muster and were barred by immunity. Judgment dismissing all of Plaintiff’s claims against Defendants was entered on March 23, 2019. (Patel v. Lanier County, 7:17-cv-00085-HL (M.D. Ga. March 23, 2019)).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a premises liability claim on behalf of a man injured in factory for $1,200,000.00.
Defense
Lawrence Evans and Benjamin Perkins Obtain Summary Judgment for Law Firm Defendant Against Claims of Malpractice and Fraud
In Reginald Bush v. The Eichholz Law Firm, P.C., Civil Action No. STCV 16-01085-FO, State Court of Chatham County, the plaintiff sued a law firm that formerly represented him and the firm's principal alleging that the firm made material misrepresentations and failed to preserve the plaintiff's personal injury claims arising from an accident at a port facility. The plaintiff alleged that the firm served an ante litem notice that did not comply with statutory requirements and that it failed to file suit within the applicable statute of limitations. Oliver Maner moved for summary judgment on the defendant law firm's behalf, arguing that the ante litem notice was legally compliant and that the firm was not the proximate cause of the plaintiff's failure to timely file a lawsuit. Oliver Maner also argued that the plaintiff's fraud claim failed as a matter of law. On August 13, 2018, Judge Hamrick Gnann, sitting pro tem for Judge Gregory Fowler, granted the motion, validating each of Oliver Maner's arguments and dismissing the case in its entirety.
Defense
Patrick O’Connor, David Bobo Mullens, and Stuart F. Sumner Win Summary Judgment for Garden City, Georgia
The State Court of Chatham County grants summary judgment in favor of Garden City, Georgia. The Plaintiff asserted claims of negligence and negligence per se against Garden City and one of its employees. The Plaintiff alleged that while he was at a Garden City sponsored community program, a city van backed into him and pinned his leg against a wall, resulting in severe injuries. After the employee was dismissed from the case, Oliver Maner moved for summary judgment on all claims, arguing that the ante litem notice provided to the city was not legally sufficient. Following oral arguments, the Honorable Judge Hermann Coolidge granted summary judgment in the defendant’s favor on all claims.
Defense
Patrick O'Connor and David Bobo Mullens Win Summary Judgment for Garden City Clients
Patrick O'Connor and David Bobo Mullens won dismissal of Plaintiffs’ claims in state court on behalf of Clifford Ducey, Director of the Garden City Parks and Recreation Department, and Hiram Hernandez, Supervisor of Facilities of the same department. The Plaintiffs asserted claims of negligence and negligence per se related to a minor child falling approximately twenty feet at Garden City’s football stadium. Chief Judge H. Gregory Fowler ruled in favor of Garden City’s employees, finding that Plaintiffs’ suit was barred under the doctrine of qualified immunity and consequently entered a judgment dismissing all of Plaintiff’s claims against Mr. Ducey and Mr. Hernandez, absolving them of any liability. (State Court of Chatham County Case No. STCV18-01021).
Defense
Jacob Massee and William Drought obtain Summary Judgment
Jacob Massee and William Drought recently obtained summary Judgment on behalf of a physician working with a healthcare contractor at the Wayne County Jail. Plaintiff, a prisoner formerly detained at Wayne County Jail, asserted a 42 U.S.C. § 1983 claim for violation of his Fourteenth Amendment rights alleging he was denied treatment for purported Crohn’s disease. The Southern District of Georgia found that there was no evidence Plaintiff suffered from the alleged condition and that the physician provided Plaintiff with above-standard medical attention for Plaintiff’s complaints. Thus, there was no constitutional violation and summary judgment was entered in favor of the physician. (United States District Court for the Southern District of Georgia, Case No. 2:18-cv-027).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a personal injury claim on behalf of a woman injured by texting driver on I-16 for $2,800,000.
Defense
Jacob Massee and William Drought obtain summary Judgment on behalf of the medical director and several medical staff members of a medical contractor at Coffee Correctional Facility.
Plaintiff, a prisoner incarcerated at Coffee Correctional Facility, asserted a 42 U.S.C. § 1983 claim for violation of his Eighth Amendment rights alleging the medical staff was deliberately indifferent to his medical needs. Specifically, Plaintiff asserted he injured his shoulder while playing basketball at the prison and that the medical providers at the facility did not provide adequate treatment for his injury. The Southern District of Georgia, in awarding summary judgment, found that the medical providers at the prison provided Plaintiff with ample and adequate medical attention throughout his confinement and that Plaintiff’s complaints regarding his shoulder amounted to nothing more than a difference in opinion between himself and the medical staff as to the recommended treatment plan, which is not a constitutional violation. (United States District Court for the Southern District of Georgia, Case No. 5:18-cv-032).
Defense
Brian Griffin, Ben Perkins, and Jake Evans (of Holland and Knight, LLP) Win Dismissal for County Board of Elections and Registration Member
Oliver Maner LLP attorneys Brian Griffin and Ben Perkins and their co-counsel, Holland & Knight’s Jake Evans obtain a dismissal of a petition on behalf of the Cherokee County Republican Party (the “CCRP”) and Cherokee County Board of Elections and Registration (“CCBOER”) member Mike Byrd. The Plaintiffs—two Cherokee County citizens—asserted that the CCRP invalidly appointed Mr. Byrd to his CCBOER seat and thus argued that the Cherokee County Probate Court judge should appoint a new CCBOER member to take his place. Brian, Ben, and Jake successfully intervened in the case on behalf of Mr. Byrd and the CCRP and then moved to dismiss the Plaintiffs’ petition for lack of jurisdiction and failure to state a claim. The Court agreed and dismissed the case. The Plaintiffs did not appeal within the time required. (Probate court of Cherokee County Case No. 2003-029).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major represent numerous plaintiffs in environmental case which secured an aggregate settlement of more than $30,000,000.
Defense
Paul Threlkeld, David Bobo Mullens, and Patrick T. O’Connor Win Summary Judgment for the City of Pooler
The State Court of Chatham County grants summary judgment to the City of Pooler, Georgia and Sergeant Michael Swords in Parker v. City of Pooler, et al., Civil Action No. STCV18-01061. The Plaintiff asserted claims of negligence, false arrest, and false imprisonment against the City and Sergeant Michael Swords. The Judge ruled that the Plaintiff’s claims were barred by governmental immunity and entered a judgment dismissing all of Plaintiff’s claims against the City and Sgt. Swords. The City of Pooler and Sgt. Swords were represented by Paul H. Threlkeld, David Bobo Mullens, and Patrick T. O’Connor.
Plaintiff
Lawrence Evans and George Major Obtain Jury Verdict for Firm Client in Commercial Dispute
Following a four day trial, a Chatham County jury awarded $299,624.29 to Oliver Maner’s client, a national retailer, in a case involving a dispute between the retailer and its landlord over which party was responsible for paying the cost of roof replacement for a Savannah area store. The roof was replaced in 2015 at the retailer’s expense after the landlord refused to replace the roof. The jury’s award includes $167,077.87 in damages and $132,546.42 in attorney’s fees. The case was tried before the Honorable Louisa Abbot in the Superior Court of Chatham County. Oliver Maner partners Lawrence Evans and George Major represented the national retailer.
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major secure a $1,736,182.96 verdict in favor of one man injured and the family of another man killed in a workplace incident caused by improper equipment.
Defense
Patrick O'Connor and David Bobo Mullens Win Summary Judgment for Port Wentworth Clients
Patrick O'Connor and David Bobo Mullens win dismissal of the Plaintiffs' claims in federal court on behalf of Sergeant Brian Phinney, Chief of Police Matt Libby, and the City of Port Wentworth, Georgia. The Plaintiffs asserted federal claims under 42 U.S.C. §1983 for excessive force and unlawful arrest in connection with an arrest made at a convenience store in April of 2015. Judge William T. Moore Jr., ruled that the Plaintiffs' claims failed as a matter of law. An order dismissing all of the Plaintiff's claims against Defendants was entered on September 26, 2019. (McMullen, 4:17-cv-00067-WTM (S.D. Ga. September 26, 2019)).
Defense
Benjamin Perkins and Brian Griffin Secure 11th Circuit Decision Affirming Summary Judgment for Former City of Darien Police Officer
On June 6, 2020, the United States Court of Appeals for the 11th Circuit issued an opinion affirming the U.S. District Court for the Southern District of Georgia's grant of summary judgment to a former City of Darien police officer. The Plaintiffs brought claims alleging that a June 2016 traffic stop which ended in their arrests for possession of marijuana violated their Fourth and Fourteenth Amendment rights and their rights under Georgia law. The Honorable Lisa Godbey Wood held that the Plaintiffs insufficiently alleged federal law claims, and that qualified immunity would have barred such claims had they been properly alleged. Judge Wood further held that official immunity barred the Plaintiffs' state law claims. The United States Court of Appeals for the 11th Circuit affirmed Judge Wood's grant of summary judgment on all claims. The underlying case is Edward Mahoney and Kaneesha Holt v. Jeremy Owens and the City of Darien (Southern District of Georgia Case No. 2:18-CV-00076-LGW-BWC). The case on appeal is Edward Mahoney and Kaneesha Holt v. Jeremy Owens and the City of Darien (United States Court of Appeals for the Eleventh Circuit Docket No. 19-14916-J).
Pro Bono
Bill Hunter, in a pro bono case, obtains compassionate release for Rufus Curington.
Mr. Curington was 79 year old inmate at the time of the motion. He was convicted of trafficking more than 1000 kgs of marijuana and had served approximately 9 of his 13 year sentence. He had very serious health problems which left him vulnerable to COVID. The motion was filed in the Northern District of Florida, Panama City Division, and the order was entered commuting his sentence to time served based on the First Step Act and compassionate release. Mr. Curington was a non-violent drug offender. United States of America v. Rufus D. Curington, Jr.; United States District Court, Northern District of Florida, Tallahassee Division, Case No. 5:12-CR-00003
Pro Bono
Bill Hunter, in a pro bono case, obtains compassionate release for Jimmy Bradwell Ferrell
Mr. Ferrell was an inmate in his 50’s convicted of a non-violent drug offense in the Southern District of Georgia. He had served more than 20 months of his 30 month sentence. Mr. Ferrell had significant health issues that left him vulnerable to COVID. The motion was filed in the Southern District of Georgia, Brunswick Division, and the order was entered changing his sentence to time served and probation. United States of America v. Jimmy Bradwell Ferrell; United States District Court, Southern District of Georgia, Case No. 2:18-CR-050
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle numerous medical device product liability cases in multi-district litigation on behalf of persons injured by the devices and/or their families for an aggregate settlement of over $30,000,000.
Defense
Jacob Massee and Amelia Stevens secure summary judgment on behalf of Jenkins Correctional Center and its Warden in a case filed in the Superior Court of Jenkins County.
The Plaintiff, who was previously incarcerated at the facility, filed a myriad of claims against the Warden and the prison stemming from an apparent dispute over prison property assigned to him for his personal use. The Court granted the Defendants’ motion for summary judgment on the ground that Jenkins Correctional Center is a non-entity incapable of being sued, that the Warden was not properly served with process, and that Plaintiff’s claims failed on the merits as a matter of law. (Jenkins County Superior Court, Case No. SUCV2018000027).
Defense
Ben Perkins and Brian Griffin Secure Georgia Court of Appeals Decision Affirming Summary Judgment for Local Medical Practice
On January 29, 2021, the Georgia Court of Appeals issued an opinion affirming the Superior Court of Chatham County’s grant of summary judgment to firm client SouthCoast Medical Group (“SouthCoast”). The Plaintiff, a physician and former member of SouthCoast, was terminated for cause after his medical license was suspended and he lost his local hospital privileges—a violation of SouthCoast’s operating agreement. The Plaintiff asserted that he was entitled to an enhanced valuation of his membership units due to a disability from which he allegedly suffered at the time he left SouthCoast’s employ. After the close of discovery, Ben and Brian filed a motion for summary judgment on behalf of SouthCoast, arguing that the Plaintiff had not satisfied conditions precedent to be entitled to any payment for his membership units. The Superior Court of Chatham County agreed and granted SouthCoast’s motion for summary judgment on all claims alleged against it. The Plaintiff appealed the ruling, and in a lengthy unpublished opinion, the Georgia Court of Appeals affirmed the trial court’s grant of summary judgment. The underlying case is Philip C. Gainey, M.D. v. SouthCoast Medical Group, LLC (Civil Action No. SPCV1600594MO). The case on appeal is Gainey v. SouthCoast Medical Group, LLC (A20A1885).
Defense
Benjamin Perkins and Brian Griffin Obtain Favorable Ruling From Court of Appeals
The Georgia Court of Appeals recently issued a favorable decision to Oliver Maner LLP client Rincon, Georgia. The Plaintiff is a real estate developer who sued the City after its denial of the developer's application to build townhomes. The Plaintiff alleged claims for a declaratory judgment that the City's growth management code was void for improper adoption; permanent injunction; mandamus relief; and damages under 42 U.S.C. § 1983. Both parties moved for summary judgment. The trial court denied summary judgment to Rincon, granted partial summary judgment to the Plaintiff, declared the entire growth management code void for invalid adoption, and permanently enjoined the City's regulation of the Plaintiff's property. The City appealed, and the Court of Appeals reversed every ruling adverse to Rincon. Specifically, it found that the City validly adopted the growth management code, and it was thus not void, that sovereign immunity barred Plaintiff's claim for a permanent injunction, and that mandamus relief was improper because Plaintiff did not properly appeal the Rincon City Council's permit denial to the Effingham County Superior Court. The underlying case is Ernest Communities, LLC v. City of Rincon et al. (Effingham Cty. Sup. Ct. Civil Action No. SUCV-2017000077). The Case on appeal is City of Rincon et al. v. Ernest Communities, LLC (Ga. Ct. App. Case No. A20A0765).
Defense
Patrick O’Connor and David Bobo Mullens Win Summary Judgment for Telfair County Clients
Patrick O’Connor and David Bobo Mullens win dismissal of Plaintiff’s claims on behalf of Sheriff Chris Steverson, Lieutenant Ron Bowdoin, and Sergeant Betty Riddle of the Telfair County Sheriff’s Office. Plaintiff asserted claims of false arrest, malicious prosecution, intentional infliction of emotional distress, kidnapping, and cruel and unusual punishment related to his arrest and detention at the Dodge County Jail for a period of thirty-five days. After extensive briefing by the parties—as well as a stint in federal court in which the case was dismissed for lack of subject matter jurisdiction—Dodge County Superior Court Judge Michael C. Johnson ruled that all of Plaintiff’s claims failed as a matter of law and consequently entered a judgment dismissing all of Plaintiff’s claims against Defendants. (Superior Court of Dodge County Case No. 19V-8592).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a wrongful death claim on behalf of the family of an industrial worker killed in a workplace incident for $1,700,000.
Defense
Paul Threlkeld and Stuart Sumner Win Summary Judgment for Insurance Agency and Its President
Paul Threlkeld and Stuart Sumner obtain summary judgment on behalf of firm clients they were defending, Remer Lane Insurance, Inc. and its president, Clark Lane. The Plaintiffs, a chain of grocery stores in Southeast Georgia, asserted that Remer Lane Insurance, Inc. and Clark Lane, their insurer and insurance agent, respectively, underinsured the stores and that the stores were entitled to a payout beyond their insurance policies’ specified limits following losses during Hurricane Matthew. At the close of discovery, a motion for summary judgment was filed on behalf of Defendants arguing that all claims against them should be dismissed as a matter of law. The Superior Court of Chatham County agreed and entered judgment in favor of Remer Lane Insurance, Inc. and Clark Lane, holding that the relevant policy limits were clearly stated within the insurance policies and that the Plaintiffs were bound by the clear and unambiguous language of those policies. (Superior Court of Chatham County Case No. SPCV18-01205).
Defense
Patrick T. O’Connor and David Bobo Mullens Secure Summary Judgment Ruling From the Georgia Court of Appeals
On February 3, 2021, the Georgia Court of Appeals affirmed the decision of Chatham County State Court Chief Judge J. Gregory Fowler to dismiss all of Plaintiffs’ claims against Clifford Ducey, Director of the Garden City Parks and Recreation Department, and Hiram Hernandez, Supervisor of Facilities of the same department. The City had been sued for negligence and negligence per se related to a minor child falling approximately twenty feet at Garden City’s football stadium. The Georgia Court of Appeals affirmed the entry of summary judgment, finding that Plaintiffs’ suit was barred under the doctrine of qualified immunity and absolved Mr. Ducey and Mr. Hernandez of any liability. (Georgia Court of Appeals No. A20A2032) (not officially reported).
Defense
Jacob Massee and Amelia Stevens achieve dismissal of a Bivens action on behalf of the Warden of a federal immigration detention center
The Plaintiff, an immigration detainee, alleged that he was injured in an altercation that he and other detainees instigated and directed at detention officers at the facility. Plaintiff’s claims, however, were dismissed on the ground that Bivens actions cannot be asserted against employees of private government contractors, such as the Warden in this case. As such, Plaintiff’s claims against the Warden failed as a matter of law and were dismissed in their entirety. (United State District Court for the Middle District of Georgia, Case No. 4:20-cv-00169).
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a truck wreck case on behalf of a man severely injured in collision with log truck for $1,500,000.
Defense
Larry Evans Wins Summary Judgment for Apartment Owner, Defeating Contractor’s Lien Claim
The Superior Court of Chatham County awards summary judgment in favor of the owner of an apartment complex represented by Oliver Maner LLP. A construction contractor recorded a lien against the apartment owner’s property, claiming unpaid invoices for renovation work, and then filed suit to enforce the lien. The apartment complex, represented by Oliver Maner partner Larry Evans, moved to dismiss the lien on grounds that the contractor failed to comply with Georgia’s statutory scheme for perfecting materialmen’s liens. The Court agreed and granted the apartment complex’s motion in full.
Defense
Larry Evans and Paul Threlkeld Obtain Summary Judgment Award From Glynn County Superior Court
In Freeman v. Greystar Management Services, L.P., et al., Civil Action No. CE17-00091-063, Superior Court of Glynn County, Plaintiff Juliette Freeman sued Oliver Maner client Greystar Management Services, L.P. (Greystar), the manager of her apartment complex, and J.C.B. Roofing-II, Inc. (JCB), a contractor who performed work on the roof at the complex, alleging that she was injured during a re-roofing project. Plaintiff contended that she was struck by shingles thrown from the roof of her apartment building and that Greystar was negligent in failing to implement adequate safety measures, failing to warn her of possible dangers and otherwise failing to protect her from injury. Oliver Maner moved for summary judgment, arguing that Greystar did not owe or breach any duty to Plaintiff and further arguing that JCB was obligated to pay for Greystar's attorneys' fees and litigation expenses due to an indemnification provision in the construction contract. Judge Anthony L. Harrison agreed. In a July 9, 2018 Order, he dismissed Greystar from the lawsuit, and he ordered JCB to pay for all of Greystar's attorneys' fees and litigation expenses.
Defense
Jacob Massee wins dismissal of a pre-trial detainee’s claims on behalf of the medical contractor, Wellpath LLC, at the Gwinnett County Sheriff’s Office.
Plaintiff asserted a 42 U.S.C. § 1983 claim for violation of his constitutional rights alleging deliberate indifference to his medical needs. During the course of Plaintiff’s arrest, he suffered from a dog bite from a K-9 law enforcement officer. Though Plaintiff was in fact treated by the medical staff at the jail, his claims were procedurally barred because he failed to exhaust his administrative remedies, which was the basis for the motion to dismiss. The Northern District of Georgia granted the motion to dismiss filed on behalf of the medical contractor and dismissed all of Plaintiff’s claims. (United States District Court for the Northern District of Georgia, Case No.1:19-cv-04527).
Plaintiff
Oliver Maner lawyers Greg Hodges and Bill Hunter settle a truck wreck case on behalf of the family of two teenage girls killed by DUI truck driver for a policy limit settlement of $1,000,000.
Plaintiff
Oliver Maner lawyers Greg Hodges, Bill Hunter, and George Major settle a wrongful death case on behalf of the family of a nursing home patient for $850,000.
Plaintiff
DAVID BOBO MULLENS SECURES PERMANENT RESIDENT CARD (GREEN CARD) FOR OLIVER MANER CLIENT
The United States Citizenship and Immigration Services (“USCIS”) recently granted a firm client’s I-485 Application. The approval allows the qualified client to live and work in the United States and start the process to become a naturalized U.S. citizen, and otherwise enjoy all the rights and privileges otherwise due their permanent resident status. The client was represented by D. Bobo Mullens, III.
Pro Bono
DAVID BOBO MULLENS SECURES REMOVAL OF CONDITIONS ON CLIENT’S PERMANENT RESIDENT STATUS
The United States Citizenship and Immigration Services (“USCIS”) recently granted a firm client’s I-751, petition to Remove Conditions on Residence. The approval allows the qualified client to enjoy all the rights and privileges otherwise due their permanent resident status. The client was represented by D. Bobo Mullens.