The collective experience of Downey & Cleveland, LLP exceeds 2,000 jury trials and appeals. Below are some of our most recent trial and appellate results:

Recent Trial Results

Ross v. Flores and Penn v. Flores, State Court of Cobb County (2013) (In companion cases tried back to back, the first jury declined to award punitive damages and the second jury limited punitive damages to $2,500 in case where DUI Defendant struck teenage driver head-on, attempted to flee the scene on foot, and failed to show up at trial).

Roof v. Bailey, Superior Court of Fannin County (2012) (Jury award of $5,000 when Plaintiff’s SUV was knocked onto side in rear-end collision, $170,000 in medical expenses were admitted into evidence, and the lowest pretrial demand on the UM carrier was $360,000).

Rogers v. Wood, Superior Court of Dawson County (2012) (Defense verdict in rollover accident on Ga. 400 when police officer testified against Defendant and Plaintiffs presented more than $20,000 in medical expenses).

Gallagher v. Hardin, Superior Court of Gwinnett County (2012) (Defense verdict in favor of driver of SUV accused of intentionally attempting to run over Plaintiff on race day at Atlanta Motor Speedway).

Smith v. Squire, Superior Court of DeKalb County (2012) (Jury award of $3,093 in clear negligence case when Plaintiff presented in excess of $20,000 in medical bills and claimed closed head injury from a multi-vehicle pileup on I-75).

Merrow v. Punit, Inc. d/b/a Budget Inn, State Court of Clayton County (2012) (Defense verdict in slip and fall case where plaintiff alleged that she shattered her ankle and incurred in excess of $50,000 in medical bills because the motel had a defective mat on an improper tile entrance).

Kirven v. R&A Collision, State Court of DeKalb County (2012) (Defense verdict in case where plaintiff alleged that he incurred $15,000 in medical expenses from fractures sustained when he fell off a ladder that slipped out from under him at defendant’s business).

Recent Appellate Decisions

Kennedy Development Company, Inc. v. Newton’s Crest Homeowners Association, 2013 WL 2321957 (Ga. App. 2013) (holding that common law indemnity claim asserted by real estate developer against homeowners association was precluded by the doctrine of res judicata).

State Farm Mut. Auto. Ins. Co. v. Myers, 316 Ga. App. 152 (2012) (Reversing trial court in favor of insurer because auto policy did not provide coverage for sexual assault of mentally disabled plaintiff who was being transported to medical appointment).

Benefield v. Vance, 315 Ga. App. 505 (2012) (cert denied) (Reversing trial court in favor of defendant homeowner whose guest fell down pool steps at Fourth of July party and suffered bilateral rupture of quadriceps tendon).

Mough v. Progressive Max Insurance Company, 314 Ga. App. 380 (2012). Motorcyclist was shot and killed by one of the defendants following an automobile accident. Josh represented the motorcyclist’s uninsured/underinsured motorist carrier. Georgia Court of Appeals affirmed the trial court’s ruling that the motorcyclist’s physical injuries were too remote from the defendant motorist’s vehicle use, ownership or maintenance to fall within the UM provision.

Stolte v. Hammack, 311 Ga. App. 710 (2011) (Affirming trial court’s grant of summary judgment to property owner whose roommate was viciously attacked by pit bull named Cujo and suffered wounds to face, chest and arms).

Kennedy Development Company, Inc. v. Camp, 290 Ga. 257 (2011). Real estate developer filed a third-party complaint against a homeowners association in a stormwater runoff case. The developer sought to enforce an indemnification agreement against the homeowners association. Josh filed a motion for summary judgment on behalf of the homeowners association, which was denied by the trial court. Georgia Supreme Court held that the homeowners association was entitled to summary judgment because the indemnification was void and unenforceable.

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Downey & Cleveland, LLP

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Marietta, GA 30060

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