Summary Judgment Affirmed on Appeal - Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for their national grocery store chain client in the State Court of DeKalb County. The ruling was subsequently affirmed by the Georgia Court of Appeals. The case arose out of an alleged trip and fall at a grocery store. Plaintiff alleged she tripped over a hazardous metal plate affixed to the floor, resulting in a fractured wrist and knee injury. On summary judgment, Mr. Hammer and Ms. Lowrey argued 1) the metal plate did not constitute a hazard, and 2) even if it was a hazard, the metal plate was an open and obvious static condition that could not be considered actionable under Georgia law. The trial court agreed on both arguments, granting summary judgment in the store’s favor. Plaintiff appealed, arguing the height difference between the metal plate and floor was not readily discernible, thus creating a jury issue. The Court of Appeals rejected this argument, affirming the trial court’s grant of summary judgment on the grounds that Plaintiff failed to establish a hazard existed (A18A1925).

Summary Judgment -- Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for their individual client in the State Court of Cobb County. The case arose when a teenage boy was tragically killed in a car accident involving a vehicle driven by his grandmother. Mr. Hammer and Ms. Lowrey represented the decedent’s grandmother in a lawsuit against both her, individually, and her vehicle’s manufacturer. Prior to filing suit, Plaintiffs released the decedent’s grandmother pursuant to Georgia’s limited release statute, except to the extent there was additional insurance coverage available to cover their claims against her. Plaintiffs also released their own insurance company as uninsured/underinsured motorist carrier, thereby exhausting all additional insurance coverage available to cover their claims against the decedent’s grandmother. Due to the exhaustion of all available insurance and Plaintiffs’ release of their claims against the deceased’s grandmother, Mr. Hammer and Ms. Lowrey argued Plaintiffs were precluded from recovery against their client. Plaintiffs argued the insurance policy covering the vehicle manufacturer for products liability claims constituted “additional available insurance” under the statute, allowing Plaintiffs to proceed against the decedent’s grandmother through trial and entry of a judgment. Mr. Hammer and Ms. Lowrey were able to bring the case before the Court on summary judgment, arguing Plaintiffs’ release of their client and exhaustion of all available insurance barred them from recovery against the decedent’s grandmother. The Court granted the Motion for Summary Judgment, finding the Georgia limited release statute is clear, and when Plaintiffs settled with their own uninsured/underinsured motorist carrier, all other insurance coverage evaporated.

Summary Judgment -- Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for an insurer in the Superior Court of Fulton County. The case arose when the Plaintiff was allegedly injured after his vehicle was rear-ended in an automatic car wash. The insurer initiated an investigation after becoming suspicious of the circumstances of the alleged accident, including the video footage that arguably showed the Plaintiff purposefully causing the vehicle to jump the tracks of the car wash. Other suspicious circumstances included the Plaintiff’s history of claims, the fact that the vehicle was a high-end luxury sedan the Plaintiff had no apparent means to afford, and the vehicle was purchased days before the loss and sold shortly thereafter. The Insurance Commissioner subsequently initiated an investigation, which resulted in the Plaintiff being arrested for insurance fraud, but ultimately he was not prosecuted. Plaintiff filed suit against the insurer alleging claims of false arrest, false imprisonment, malicious prosecution and others. After over three years of litigation, including a voluntary dismissal and renewal action, Mr. Hammer and Mrs. Lowrey were able to bring the case before the Court on summary judgment, arguing the insurer was statutorily immune from Plaintiff’s claims based on their good faith investigation of the incident and subsequent disclosure to the Insurance Commissioner. Plaintiff argued the investigation was performed in bad faith and therefore the immunity statute did not apply. The Court granted the insurer’s Motion for Summary Judgment in full, finding the insurer’s investigation was in fact made in good faith.

Summary Judgment - Jason W. Hammer and Elizabeth K. Lowrey recently obtained summary judgment for an insurer in the State Court of Cobb County. The case arose out of an August 26, 2011 motor vehicle accident. The Plaintiff incurred almost $20,000 in past medical expenses and the Defendant was uninsured. Our firm represented Plaintiff’s purported uninsured motorist carrier, arguing the Plaintiff breached the notice provisions of the policy by failing to timely provide a copy of the Complaint. Plaintiff argued that because the insurer had notice of Plaintiff’s claims, the insurer was not prejudiced by the delay. Mr. Hammer and Ms. Lowrey argued that prejudice to the insurer is of no consequence when the insurance contract strictly outlines conditions for coverage. The Court agreed, granting the insurer’s Motion for Summary Judgment in full, thereby eliminating any liability or exposure to the insurer.