Oliver Maner Case Results

OUR RESULTS

11TH CIRCUIT AFFIRMS SUMMARY JUDGMENT OBTAINED BY PAUL THRELKELD, BOBO MULLENS, AND PATRICK O'CONNOR

On September 19, 2018, The Eleventh Circuit Court of Appeals affirmed the Southern District of Georgia's grant of summary judgment to two corrections officers employed at the Effingham County Correctional Institution. The Plaintiff in the case asserted a claim under the Eighth Amendment for cruel and unusual punishment. Judge William T. Moore, Jr. held that Plaintiff's claim failed for lack of evidence to establish a constitutional violation. The clients were represented by Paul H. Threlkeld, D. Bobo Mullens, and Patrick T. O'Connor. The underlying case is Bell v. Brown et al. (Southern District of Georgia Case No. 4:16-cv-00097). The case on appeal is Bell v. Brown et al. (United States Court of Appeals for the Eleventh Circuit Docket No. 17-11287).

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.

PAUL THRELKELD WINS TRIAL FOR LAW ENFORCEMENT CLIENT IN CHATHAM STATE COURT

Oliver Maner partner Paul Threlkeld successfully obtained a defense verdict in Chatham County State Court on behalf of Cpl. Steven Snyder of the Savannah-Chatham Metropolitan Police Department. The Plaintiffs asserted claims of tortious interference with business relations, trespass, and a violation of 42 U.S.C. § 1983 rights related to Cpl. Snyder’s work on a scrap metal task force charged with reducing a surge in metal thefts in Chatham County. After a three-day trial, the jury concluded that Cpl. Snyder exercised his duties as an officer reasonably and in good faith, and returned a verdict in favor of the firm’s client absolving him of any liability. (State Court of Chatham County Case No. STCV1501449).

PATRICK O'CONNOR, DAVID BOBO MULLENS, AND JIM GERARD SECURE FAVORABLE SUMMARY JUDGMENT RULING FROM THE GEORGIA SUPREME COURT

On January 29, 2018, the Georgia Supreme Court reversed the Georgia Court of Appeals and trial court, both of which had denied summary judgment to Oliver Maner client Garden City, Georgia. The City was sued for negligence related to a six year old child falling approximately twenty feet at its football stadium. Following oral argument by Mr. O'Connor, the Georgia Supreme Court ruled in favor of the City, concluding that as a matter of statutory interpretation the City was entitled to immunity under the Recreational Property Act, O.C.G.A. § 51-3-20 et seq. The Court reasoned that, even though most attendees had to pay to attend a youth football game, because "the injured party in this case was not charged a fee to use the City’s property for recreational purposes, the City was shielded from liability for the party’s injuries as a matter of law." THE MAYOR AND ALDERMEN OF GARDEN CITY v. HARRIS et al. Additional Party Names: Kristy Harris, No. S17G0692, 2018 WL 575988, at *1 (Ga. Jan. 29, 2018)

PATRICK O'CONNOR AND BENJAMIN PERKINS SECURE FAVORABLE SUMMARY JUDGMENT RULING FROM THE GEORGIA SUPREME COURT

Following oral argument, the Georgia Supreme Court reversed the Court of Appeals and trial court in City of Richmond Hill v. Maia, 301 Ga. 257 (2017). The Plaintiff in that case brought a wrongful death action against a city and police officer arising from the Plaintiff's daughter's suicide death after the officer allegedly disclosed photographs of the daughter's self-inflicted injuries sustained in a previous incident. Following oral argument by Mr. O'Connor, the Court ruled in favor of the city and officer, concluding there was no causal connection between the alleged wrongful conduct and the suicide.

BENJAMIN PERKINS AND PATRICK O'CONNOR SECURE FAVORABLE SUMMARY JUDGMENT RULING FROM THE ELEVENTH CIRCUIT COURT OF APPEALS

In Jordan v. City of Darien, et al., CAFN 2:15-CV-0049-LGW-RSB, Plaintiff Dwight Jordan, a former member of the McIntosh County Board of Education, brought claims pursuant to 42 U.S.C. § 1983, alleging that Oliver Maner client Nick Roundtree, a former Darien Police Department officer, violated his First and Fourth Amendment rights. Plaintiff's Complaint arose out of Plaintiff's 2013 arrest for the offense of disorderly conduct based upon his conduct during the recess of an April 18, 2013 Board of Education meeting. Plaintiff alleged that he was wrongfully arrested, that his right to free speech had been violated, and that, as a result of the arrest, he lost his seat on the Board in a subsequent election. After a lengthy discovery period which included fifteen depositions and the production of thousands of pages of documents, the Honorable Lisa Godbey Wood of the United States District Court for the Southern District of Georgia found that Mr. Roundtree was entitled to the defense of qualified immunity which barred Plaintiff's Section 1983 claims. Plaintiff also alleged that Mr. Roundtree conspired with fellow officers and the Board of Education chairperson to arrest him in violation of 42 U.S.C. 1985, and Judge Wood found that claim failed as a matter of law as well. The Plaintiff appealed. Following oral argument by Mr. Perkins, the Eleventh Circuit Court of Appeals affirmed the trial court, resulting in a complete victory for Mr. Roundtree. Jordan v. City of Darien, et al., case # 16-17721 (11th Cir., Sept. 28, 2017).

GREG HODGES AND ANDREW WILKES OBTAIN DEFENSE VERDICT FOR MEDICAL PROVIDERS

Partners Greg Hodges and Andrew Wilkes, along with Benjamin Lingle, prevailed on behalf of their clients in a hard fought six day jury trial. The trial involved claims of medical malpractice against multiple medical providers following the death of a post-surgical patient. The plaintiff asked the jury to award the family of the decedent in excess of $15 million. The jury rejected these claims as to the firm's clients and returned a verdict assigning no fault to both the surgeon and his practice.

BENJAMIN PERKINS AND PATRICK O'CONNOR SECURE FAVORABLE SUMMARY JUDGMENT RULING FROM THE ELEVENTH CIRCUIT COURT OF APPEALS

In Smith v. City of Darien , et al., CAFN 2:15-CV-0004-LGW-RSB, the Plaintiffs brought a claim pursuant to 42 U.S.C. § 1983 against firm client Nick Roundtree, alleging an unlawful seizure in violation of the Fourth Amendment. Judge Wood of the United States District Court for the Southern District of Georgia granted summary judgment in Mr. Roundtree's favor, finding that the Plaintiffs lacked standing to assert their claims and that Mr. Roundtree was entitled to the defense of qualified immunity. Plaintiffs appealed, and the Eleventh Circuit Court of Appeals affirmed the trial court, resulting in a complete summary judgment victory for Mr. Roundtree. Smith v. Roundtree, et al., case # 16-17577 (11th Cir., Aug. 21, 2017).

BENJAMIN PERKINS SECURES SUMMARY JUDGMENT FOR FIRM CLIENT CHATHAM COUNTY SHERIFF JOHN T. WILCHER

Maley v. Wilcher et al., CAFN 4:16-cv-00060-WTM-GRS, arose from the incarceration and death of the Plaintiffs' son. The Plaintiffs sought damages from Oliver Maner client Sheriff John T. Wilcher under 42 U.S.C. § 1983, alleging deliberate indifference to their son's medical needs. The Honorable William T. Moore of the United States District Court for the Southern District of Georgia granted summary judgment in the Sheriff's favor, finding there was no evidence that the Sheriff violated the Plaintiffs' son's constitutional right to adequate medical care. In the same order, Judge Moore dismissed with prejudice the Plaintiffs' claims against Chatham County and the Estate of Al St. Lawrence, who were also represented by the firm. The result of the ruling is a complete victory for each of the firm's clients.

Oliver Maner LLP client Bobby Waiters, a former Savannah Chatham Metropolitan Police Department officer, was granted summary judgment on all federal claims filed against him in Timothy Williams v. Bobby Waiters, United States District Court, Southern District of Georgia, case number CV415-118. Officer Waiters was dispatched to a neighborhood where shots were fired. He discharged his service weapon at the plaintiff after the plaintiff jumped over a wooden fence and failed to heed Officer Waiters' commands to stop. Oliver Maner LLP managing partner Patrick O'Connor represented Officer Waiters.

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