Appeals
Georgia Supreme Court Declines Review on UM Coverage Favorable to Insurers
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on…
In November 2023, we reported that FMG’s client had prevailed in a decision by the Court of Appeals of Georgia that found a farmer could not recover UM benefits for injuries sustained while riding on a tractor that was not subject to Georgia’s compulsory insurance laws. In so doing, the Court of Appeals in Insurance Company v. Onionman Company, LLC, 369 Ga. App. 597, 894 S.E.2d 152 (2023) reversed the trial court’s reasoning that the policy was ambiguous such that UM coverage would be imputed to the insurer. In reversing that reasoning, the Court of Appeals determined that a tractor was not in fact an “auto” under the policy for which UM coverage applied. In reaching that decision the Court of Appeals distinguished the decision in Hinton v. Interstate Guaranty Insurance Company, 267 Ga. 516, 480 S.E.2d 842 (1997), in which the Supreme Court of Georgia found that a vehicle struck by a tractor did qualify as a “uninsured motor vehicle” within the meaning of the UM statute. As explained by the Court of Appeals in the Onionman case, the absence of liability coverage for the operation of the tractor meant that the farmer could not recover UM benefits under the policy.
In response to the reversal of the trial court’s opinion, the farmer turned to the Supreme Court of Georgia to request discretionary review by way of petition for certiorari. On March 27, 2024, the Supreme Court denied the request. As such, the Court of Appeals’ decision is the end of the road for the farmer in his quest for UM coverage where none is provided by the terms of the policy.
More Successes
More Successes
Eleventh Circuit Affirms Summary Judgment in Property Loss Suit
FMG attorneys Phil Savrin and Bill Buechner secured summary judgment in favor of an insurance company that had been sued for millions of dollars in claimed property losses. The lawsuit was filed in 2019 and took several years to…
Georgia Court of Appeals Victory
FMG attorneys Dana Maine, Kevin Stone and Katie Taylor obtained a win in the Georgia Court of Appeals in a tort and breach of contract case against a governmental entity and its development authority. The plaintiff, a subsidiary…
Defense Verdict in Massachusetts Wrongful Death Case
FMG partners Michael J. Griffin and Richard L. Nahigian recently won a medical malpractice wrongful death case filed by the estate of a nursing home resident. The plaintiff’s estate alleged that the 52 year-old wheelchair bound resident died after…
Eleventh Circuit Affirms Dismissal in Landmark ADA Emotional Distress Case
Wayne Melnick and Michael Hill prevailed before the Eleventh Circuit Court of Appeals in a case of first impression regarding whether Title II of the Americans with Disabilities Act permits recovery for emotional-distress damages. The…
Illinois Appellate Court Upholds Pre-Accident Waiver
Michael Sanders, Brad Purcell and Sophie Stevanovich obtained a favorable decision from the Illinois Appellate Court affirming the use of exculpatory clauses. Plaintiff broke her ankle after falling while top rope climbing at an indoor facility. Plaintiff…
Georgia Supreme Court Upholds Sovereign Immunity Dismissal
Sun Choy and Wes Jackson obtained an appellate victory for the City of Roswell in a case involving an officer’s use of spike strips to stop a high-speed pursuit. The officer involved parked his car…
Ohio Appellate Court Upholds Summary Judgment Based on Known Danger
Doug Holthus and Cara Wright received an affirmed summary judgment in Ohio’s Third District Court of Appeals in favor of FMG’s client, a local school district board of education, in a slip and fall case.…
Florida Court of Appeals Reverses Lower Court and Enforces Engagement Agreement
Robert Klein and Chris Fraga prevailed in having Florida’s Third District Court of Appeal reverse a prior order incorrectly denying a motion to dismiss for improper venue based on their attorney client’s engagement agreement. Based…
Commonwealth Court of Pennsylvania Affirms Decision Regarding Statute of Repose
FMG attorney Sean Riley prevailed on appeal before the Commonwealth Court of Pennsylvania in a matter involving claims asserted against an architecture firm arising from the design and construction of the County’s jail. In 2021,…
Victory in Georgia Court of Appeals to Enforce Arbitration Clause Property Dispute
FMG attorneys Michael Freed and George Green prevailed in an appeal of a trial court’s denial of a motion to compel arbitration. The case arose from a developer’s sale of two adjacent residential lots to…
Eleventh Circuit Appeal, Secures Qualified Immunity for Georgia Officers
FMG attorneys Michael Freed and Sun Choy obtained a victory in the Eleventh Circuit Court of Appeals on behalf of seven Athens-Clarke County police officers who were granted qualified immunity in a Fourth Amendment excessive…
Third Circuit Affirms Dismissal in Section 1983 Civil Rights Case
Cynthia O’Donnell and Shane Miller successfully obtained a judgment from the Third Circuit Court of Appeals affirming the dismissal of a case alleging violations of Plaintiffs’ Fourth Amendment rights. The case involved FMG’s defense of…