Summary Judgment & Settlements

Henry D. Green Jr.

• Morton v. WellStar Health System, Inc., 288 Ga. App. 308 (2007) (Court of Appeals upheld grant of partial summary judgment of plaintiff’s claims of lack of informed consent and punitive damages).
• Timmons v. Cook, 287 Ga. App. 712 (2007) (While upholding jury verdict for defendants in medical malpractice case, the Court of Appeals upheld charge placing affirmative duty on plaintiff to seek medical assistance when her condition did not improve or worsened).
• WellStar Health Systems, Inc. v. Green, 258 Ga. App. 86 (2002) (Trial court’s rule that question of fact existed as to nurse’s alleged fraudulent representations to plaintiff reversed on appeal).
• Citron v. Ghaffari, 246 Ga. App. 826 (2000) (Court of Appeals reversed trial court’s ruling that parents could pursue wrongful death claim for termination of fetus, confirming Georgia law that fetus must be “quick” to support such a claim).
• Cohen v. Baxter, 267 Ga. 422 (1997) (Supreme Court of Georgia ruled that patient of defendant physician could not automatically be excluded for cause from jury pool).
• Mullen v. Nezhat, 223 Ga. App. 278 (1996) (The Court of Appeals sustained trial court’s grant of partial summary judgment as plaintiff’s RICO claims against defendant physician).
• Crawford v. Spencer, 217 Ga. App. 446 (1995) (The Court of Appeals sustained ruling that plaintiff’s claims against defendant physician were barred by the statute of limitations).
• Matthews v. DeKalb County Hosp. Authority, 211 Ga. App. 858 (1994) (Sustained trial court’s ruling that plaintiff’s claim of wrongful death against defendant hospital was barred because no physician/hospital – patient relationship existed).
• Kumar v. Hall, 262 Ga. 639 (1992) (Supreme Court reversed trial court’s denial of summary judgment, finding that plaintiff’s claim of brain damage was barred and that his mental incapacity did not toll running of the statute).
• HCA Health Services of Georgia, Inc. v. Hampshire, 206 Ga. App. 108 (1992) (The Court of Appeals reversed trial court and ordered summary judgment entered in favor of physician, finding that plaintiff’s affidavit did not comply by specifying one negligent act as to each physician).
• Hickey v. Askren, 198 Ga. App. 718 (1991) (The statute of limitations found to bar plaintiff’s claim against defendant physician, with Court of Appeals holding that plaintiff was not “incapacitated” so as to toll the running of the statute of limitations).
• Hamrick v. Ray, 171 Ga. App. 60 (1984) (Plaintiff’s claim against defendant dentist barred by statute of limitations).

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David A. Sapp

• Powell Duffryn Terminals, Inc. v. Calgon Carbon Corp., et. al., 4 F.Supp. 1198 (S.D.Ga., April 20, 1998) (Secured summary judgment for defendant client in 65 million dollar product liability arising from Savannah chemical tank explosion resulting in widespread property damage).
• Virginia Properties, Inc. v. Home Ins. Co., 74 F.3rd 1131 (C.A. 11 (Ga.) Feb. 12, 1996). (Secured summary judgment for defendant client insurance company in CGL policy coverage case arising from soil and groundwater contamination at former Virginia wood treating plant).
• Newton v. Southern Wood Piedmont Co., 163 F.R.D. 625 (S.D. Sept. 29, 1995). (Secured summary judgment for defendant client in personal injury and property damage case arising from soil and groundwater contamination at former Augusta wood treating plant).
• Pickle v. Rayonier Forest Resources, L.P., 282 Ga. App. 295 (2006). (Secured judgment upholding arbitration clause in timber contract leading to favorable settlement for client in breach of contract case).
• Wilson v. Mallard Creek Holdings, 238 Ga. App. 746 (1999) (Secured summary judgment for defendant client in personal injury case arising out of alleged exposure to carbon monoxide gas).
• Edwards-Warren Tire Co. v. Cole, Sanford & Whitmire, 188 Ga. App. 395 (1988). (Secured summary judgment for defendant client in dual agency insurance coverage case arising from industrial accident).
• Sparks v. Hoff, 186 Ga. App. 907 (1988). (Secured summary judgment on behalf of defendant dentist client in personal injury case).
• Legum v. Crouch, 208 Ga. App. 185 (1993). (Secured summary judgment in favor of defendant client in medical malpractice case).
• Carver v. Jasper Const. Co., 183 Ga. App. 485 (1987). (Secured summary judgment for defendant client in wrongful death case arising out of construction site electrocution).
• Smith v. Branch, 226 Ga. App. 626 (1997). (Representation of defendant dry cleaning company in groundwater contamination case resulting in favorable settlement for client).
• Landrum v. Cobb County Concrete Products, 191 Ga. App. 805 (1989). (Secured summary judgment on behalf of defendant construction company in wrongful death case based on workers compensation exclusivity provision).
• Karafotias v. Coyne, 184 Ga. App. 335 (1987). (Secured summary judgment in favor of defendant client in dental malpractice case).
• Jordan v. Southern Wood Piedmont Co. (U.S. District Court for the Southern District of Georgia, Augusta Division: 1997: Representation of defendant client in class action property damage case in U.S. District Court arising from soil and groundwater contamination at former Augusta wood treating plant. Secured judgments denying class certification and dismissing hundreds of plaintiffs from case).
• Tucker v. Southern Wood Piedmont Co. (U.S. District Court for the Middle District of Georgia, Macon Division: 1992-1993: Representation of defendant client in class action property damage case in U.S. District Court arising from soil and groundwater contamination at former Macon wood treating plant. Secured judgment denying class certification resulting in dismissal of over one thousand plaintiffs from case).
• SWAMP v. Southern Wood Piedmont Co. (U.S. District Court for the Southern District of Georgia, Augusta Division: 1995: Representation of defendant client in class action personal injury case in U.S. District Court arising from soil and groundwater contamination at former Augusta wood treating plant. Secured judgments denying class certification and dismissing all plaintiffs from case).
• Faswall v. Southern Wood Piedmont Co. (U.S. District Court for the Southern District of Georgia, Augusta Division: 1991-1992: Representation of defendant client in property damage case in U.S. District Court arising from soil and groundwater contamination at former Augusta wood treating plant. Secured summary judgment and dismissal of plaintiff’s case).
• Johns-Manville v. U.S. Tsubaki, Inc. (Fulton County Superior Court: 2006-2007: Successfully represented defendant manufacturer in product liability action resulting in mediation and settlement).
• Broach v. WellStar Health System, Inc. (Cobb County State Court: 2007: Successfully represented defendant hospital in medical malpractice action resulting in mediation and settlement).

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Mary Paige Adams

• Baker v. WellStar Health System, Inc., 2010 WL 4272843 (Ga. Supreme Court Nov. 1, 2010)(Supreme Court ruling that Qualified Protective Order was overbroad but ex parte interviews with treating physicians could occur if Qualified Protective Order is narrowly tailored to case.)
• Gibson, et al. v. WellStar Health System, Inc., State Court of Cobb County,File No. 2008A10087-4 (Alleged improper discontinuation of decadron)(Settled September 2010)
• F.O. v. WellStar Health System, et al., Superior Court of Cobb County, CAFN: 08-1-11073-34 (Alleged failure to obtain specific laboratory results of laboring mother)(Settled June 2010)
• Spencer v. Kaiser Permanente, et al., State Court of Fulton County CAFN: 2009EV008918D (Alleged improper diagnosis of ectopic pregnancy)(Settled December 2010)
• The Southern Mutual Insurance Company v. ARS Mechanical, LLC, 2010 WL 4484608 (Ga. App. Nov. 10, 2010)(Court of Appeals affirmed trial court's grant of Defendant's Motion for Summary Judgment on the Voluntary Payment Doctrine and Acceptance Doctrine.)
• Kimberly Lynn Liedberg , et al v. WellStar Health System, Inc., et al. State Court of Cobb County, CAFN: 2005-A-107873 (Alleged employment of a radiologist.) (Settled September 2009)
• Dempsey v. Ernie Eden, et al. Magistrate Court of Fulton County; CAFN: 08-MS-081156 (Defendants' Motion to Dismiss the case for improper service of all the parties granted.)
• Johnson v. Thompson, 286 Ga. App. 810 (2007) (Reversal of Summary Judgment on minor’s claims under Statute of Limitations and Statute of Repose.)
• Pickle v. Rayonier Forest Resources, LP., 282 Ga. App. 295 (2006) (Upholding Superior Court’s Order granting Rayonier’s Motion to Compel Arbitration.)
• Jones v. Orris, 274 Ga. App. 52 (2005) (Medical Malpractice Defendants’ Motion for Summary Judgment on causation affirmed.)
• Porter v. WellStar Health System, Inc., 299 Ga. App. 481 (July 14, 2009)(Reversal of Trial Court's granting of Defendant's Motion to Dismiss for failure to follow scheduling order) (Cert Denied by Georgia Supreme Court)
• Gregory A. Becker v. The Southeast Permanente Medical Group, Inc. and Dennis J. Clayton, State Court of Fulton County, CAFN: 06 VS 093812F (Alleged reinjury to a knee following a negligent door opening.) (Settled August 2006)
• Eric Hairston and Elise Fox, Individually and as Next Friends of SCARLET ISABELLA HAIRSTON, their minor daughter v. WellStar Health System, Inc., Kennestone Hospital, Inc. and Lana McDowell, Superior Court of Cobb County, CAFN: 06-1-3981-48 (Alleged drop of infant in hospital nursery.) (Settled December 2006)
• Mildred C. Cole, Glinda Douglass, and Barbara Brinson, Individually, and Mildred C. Cole as Executor of the Estate of Bertha M. Cason v. WellStar Health System, Inc., d/b/a WellStar Paulding Nursing Center, State Court of Cobb County, CAFN: 04-A-6177-2 (Alleged leg injury leading to amputation and death.) (Settled December 2006)
• Nellie Ann CROFT and Thomas A. Croft v. WellStar Health System, Inc. d/b/a WellStar Kennestone Hospital, State Court of Cobb County, CAFN: 2005-A-11170-4 (Alleged back injury post-op.) (Settled August 2007)
• In re Karen Bocella-Lemmon (Alleged misdiagnosis and delayed diagnosis of breast cancer.) (Settled PreSuit January 2008)
• Johns Manville (f/k/a Johns Manville, International, Inc.) v. U.S. Tsubaki, Inc., Motion Industries, Inc., and Walter Besser v. KCI, Inc., Fulton Superior Court, State of Georgia, Civil Action File No. 2005CV103111 (Successfully represented defendant manufacturer in product liability action resulting in mediation and settlement.)
• Christine Sidlowski Garrett v. Saul M. Adler, M.D., Georgia Court of Appeals, Case No. A04A2239. (Allegation of slanderous remarks made by Nurse Garrett against Dr. Adler. Settled November 2004.)
• Lisa Ellen Roddy v. The Wellstar Health System d/b/a Wellstar Kennestone Hospital and Blake T. Smith, M.D., Superior Court of Fulton County, Civil Action No. 1999CV11149. (Alleged battery and improper restraint of plaintiff in Emergency Department. Settled September 2004.)
• Dusty Allen Richardson, by and through his Natural Parents and Guardians Bobby J. Richardson and Candi R. Richardson and Bobby J. Richardson and Candi R. Richardson, Individually v. Jack W. Miller, M.D., Carrollton Pediatric Clinic, A Professional Corporation d/b/a Westcare Pediatrics and Family Care, and Tanner Medical Center, Inc., State Court of Carroll County, Civil Action No. 03-V-00640. (Alleged improper circumcision. Settled April 2004.)
• Steven J. Jurado, a minor, by and through his Next Friend, Parent and Natural Guardian, Maria S. Vasquez, Maria S. Vasquez, Individually, and Eliza Jose Jurado, Individually v. Maria L. Dourron, M.D., Peach State Women’s Specialists, LLC, Dourron OB/GYN Associates, P.C., and DeKalb Medical Center, Inc., State Court of DeKalb County, Civil Action No. 01-A80841-5. (Alleged improper prenatal management causing a delivery complicated by a shoulder dystocia. Settled September 2004.)

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D. Austin Gillis

• As Staff Attorney for the Honorable Stephen Schuster, Mr. Gillis researched and participated in the following matters:
• Plantation Oaks Partners, LLC v. City of Marietta. (Order Granting Plaintiff’s Motion for Summary Judgment and Declaratory Judgment in case challenging constitutionality of local ordinance) Superior Court of Cobb County, CAFN 04-1-5794, 04-1-4482, 04-1-4512 (affirmed by Court of Appeals without opinion, A06A0823)
• Antoskow & Assocs., LLC v. Gregory. (Order Granting Defendant’s Motion for Summary Judgment in contract interpretation case) (Superior Court of Cobb County, CAFN 02-1-8746) (affirmed by Court of Appeals), 278 Ga.App. 468, 629 S.E.2d 1 (2005)
• Waste Management of Metro Atlanta, Inc. v. Appalachian Waste Systems, LLC. (Order Granting Defendant’s Motion for Summary Judgment in case interpreting scope of restrictive covenant) (Superior Court of Cobb County, CAFN 03-1-0069; trial court order available on Westlaw, 2006 WL 4535360) (affirmed by Court of Appeals), 286 Ga.App. 476, 649 S.E.2d 578 (2007)
• PST Services, Inc. v. Anodyne Health Partners, LLC. ( Various summary judgment motions in complex civil litigation involving claims of unfair competition) Superior Court of Cobb County, CAFN 03-1-5828. (trial court order available on Westlaw, 2005 WL 5453738)

As an associate at G&S, Mr. Gillis was instrumental in obtaining the following favorable outcomes:

• Vaughan v. Wellstar Health System, Inc. (Successfully argued motions to exclude expert witnesses and obtained summary judgment in favor of defendant hospital) (State Court of Cobb County CAFN 04-1-3168) (currently on appeal to Georgia Court of Appeals)
• Benise-Dowling & Assocs., Inc. v. Archer Western Contractors, Ltd. and Travelers Cas. & Surety Co. (Successfully argued for stay of proceedings in contract dispute between client general contractor and painting subcontractor.) (Superior Court of Cobb County, CAFN 09-1-0198)

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