Premises Liability/Negligent Security- John Doe I and John Doe II vs. Nightclub

Apr 01, 2018

OUTCOME: Confidential Favorable Settlement For Client- Nightclub Shooting

Two nightclub patrons were shot, one fatally and one suffering serious physical and emotional injuries at a Georgia nightclub. The cases settled favorably prior to trial. James P. Myers has handl ... ed dozens of premises liability claims, with a focus on cases involving negligent security, third party crime, and catastrophic damages. Representative cases include shootings, rapes, assaults, and attacks at apartment complexes, shopping centers, gas stations, nightclubs, and other venues.

Burgess v. Edgewater Apts-Atlanta, LLC (2017)

Jun 27, 2017

OUTCOME: Court of Appeals Upheld Grant of MSJ

In Burgess, the Georgia Court of Appeals upheld a grant of summary judgment in favor of a property owner and a property manager in a premises liability case arising from a non-fatal stabbing at a DeKal ... b County apartment complex. This is the second Appellate Court premises security victory in the last seven months for Mr. Myersand the Insley and Race legal team. In upholding the trial court’s decision, a three judge panel of the Georgia Court of Appeals led by Judge Elizabeth Branch, writing on behalf of concurring Judges Christopher McFadden and Charles Bethel, found that the actions of the plaintiff in returning to his apartment despite having knowledge that his attackers were lying in wait for him demonstrated greater knowledge on his part of the dangers present on the property. The plaintiff had received several text messages and phone calls advising him that a scorned girlfriend as waiting to confront him at his apartment, but he proceeded there anyway and was attacked. The Court of Appeals contrasted plaintiff’s greater knowledge of the danger with the lack of knowledge on the part of the property ownership and management, with the Court finding “nothing in the record to show that any of the property crimes previously committed on the property were “substantially similar” to the attack at issue such that defendants could be held liable for the consequences of not foreseeing that attack.” The Court of Appeals also found that the plaintiff’s actions in climbing three flights of stairs to confront his attacker rather than calling management or the police and then engaging in a verbal and physical altercation with his attackers demonstrated that the plaintiff did not exercise ordinary care for his own safety. The case was unsuccessfully mediated before summary judgment was filed and granted in favor of the defendants.

Premises Liability/Negligent Security- John Doe I and Jane Doe I vs. Apartment Complex

Feb 01, 2017

OUTCOME: Confidential Favorable Settlement For Client- Apartment Shooting

An apartment complex resident was shot and killed in front of his minor daughter by assailants who gained entry to the property through a faulty gate procedure. The cases settled favorably prior to tri ... al. James P. Myers has handled dozens of premises liability claims, with a focus on cases involving negligent security, third party crime, and catastrophic damages. Representative cases include shootings, rapes, assaults, and attacks at apartment complexes, shopping centers, gas stations, nightclubs, and other venues.

George v. Hercules Real Estate Servs., 339 Ga. App. 843. (2016)

Nov 18, 2016

OUTCOME: Court of Appeals Upheld Grant of MSJ

A premises security case defended and argued by Mr. Myers before he switched to representing plaintiffs. In George, a case involving a South Atlanta apartment resident who was shot in his apartment af ... ter opening his front door to armed assailants, the Court of Appeals upheld a grant of summary judgment by the Superior Court of Fulton County in favor of a property manager. The Court of Appeals found that the plaintiff’s case was deficient from a proximate cause standpoint because the plaintiff produced “no evidence or testimony that reducing or increasing security would have affected the crime rate in general or the particular crime that injured George.” The Court concluded that “[i]n the absence of proximate cause evidence, Plaintiff failed to create a question of fact on whether [his] injuries were proximately caused by any act or omission of [Defendants].”

Premises Liability/Negligent Security- Jane Doe I and Jane Doe II vs. Apartment Complex

May 01, 2016

OUTCOME: Confidential Favorable Settlement For Client- Apartment Rape

An apartment complex resident and her daughter were brutally assaulted and raped at knifepoint in their apartment. The case settled favorably prior to trial. James P. Myers has handled dozens of ... premises liability claims, with a focus on cases involving negligent security, third party crime, and catastrophic damages. Representative cases include shootings, rapes, assaults, and attacks at apartment complexes, shopping centers, gas stations, nightclubs, and other venues.

” Hodge v. URFA–Sexton, LP, 295 Ga. 136, S.E.2d 314 (2014)

May 05, 2014

OUTCOME: Supreme Court of Georgia Appellate Victory

Medical Malpractice- Widow of John Doe I vs. ABC Medical Provider

Sep 15, 0017

OUTCOME: Confidential Favorable Settlement- Medical Malpractice

Favorable settlement obtained in a medical negligence case involving a middle aged man who expired from cardiac arrest. The case settled favorably prior to trial. James P. Myers has handled medic ... al malpractice cases involving physicians, nurses, hospitals, medical practices, home health providers, nursing homes, and EMS companies. Representative cases include areas of medicine ranging from patient transport and simple care issues to birth injuries and complex surgical malpractice.

Argabrite v. Meyers (2008), 174 Ohio App. 3d 308

N/A

OUTCOME: Summary Judgment Affirmed

Insureds suffered no damages, as an element of their action against insurer for fraud, breach of fiduciary duty, and civil conspiracy, as a result of insurer's participation in a “tolling agreement†...  between insureds, insurer, and insureds' attorney, under which the limitations period on insureds' claims arising from an automobile accident was tolled while the claims were investigated for possible settlement, although the claims were never settled and the limitations period on the claims ran; insurers' participation in the agreement did not hamper insureds' legal malpractice action against attorney or cause insureds to incur additional legal fees or costs.

Simmons v. Eboh

N/A

OUTCOME: Defense Verdict

Anonymous Patient v. Anonymous ER Physician

N/A

OUTCOME: Defense Verdict