Sam Britt obtained a favorable result for his client in a Cobb County trial on March 21, 2024.  

Heather Miller and Spencer Bomar obtained a defense verdict in favor of a family practice physician in a wrongful death medical malpractice case after a one-week trial in Cobb County.

Spencer Bomar and Colleen Callaghan obtained a defense verdict for an obstetrician after trying a three-week long birth injury case in Fulton County.

Dan McGrew and Spencer Bomar obtained summary judgment for a radiology practice and its radiologists after the motion was successfully argued by Andrew Bagley.

Andrew Bagley and Dan McGrew recently obtained a defense verdict in a case against a chirorpactor accused of causing a stroke.

Colleen Callaghan, working alongside Andrew Bagley, recently obtained summary judgment in a premises liability claim involving a neurologic injury.

Spencer Bomar and Dan McGrew moved to exclude one of Plaintiff’s expert witnesses in the trial court, specifically an internal medicine doctor who tried to provide standard of care and causation opinions against an infectious disease doctor.

Heather Miller and Dan McGrew recently obtained yet another Defense verdict in a case against two ER doctors and a PA. 
 

Andrew Bagley recently obtained summary judgment for an amusement park in a premises liability claim.

Andrew Bagley and Colleen Callaghan recently obtained summary judgment in a premise liability lawsuit. The case involved allegations that a patron was injured in a restaurant when a chair fell onto his body.

Andrew Bagley and Colleen Callaghan obtained summary judgment for an amusement venue in case involving alleged hand injuries that occurred during the operation of an amusement park ride.

Heather Miller and Dan McGrew recently obtained a defense verdict in a wrongful death medical malpractice case in Fulton County State Court.

In a published opinion, the Court of Appeals affirmed a grant of summary judgment for a premises occupier obtained by Andrew Bagley.

The Court of Appeals of Georgia affirmed the grant of summary judgment obtained at the trial court level by Spencer Bomar and Trisha Godsey.

Andrew Bagley and Dan McGrew recently secured an appellate victory for a nurse practitioner in a wrongful death medical malpractice case.

Heather Miller and Trisha Godsey recently obtained a defense verdict on behalf of an Atlanta pediatrician and her group. 

Dan McGrew and Sam Britt obtained a defense verdict on behalf of a pulmonary critical care practice in a wrongful death case in Fulton County.  

Dan McGrew and Andrew Bagley successfully appealed a trial court’s order denying summary judgment for their client, a local Atlanta mall, convincing the Court of Appeals to reverse the Order and dismiss their client from the case.

Sam Britt obtained a defense verdict on behalf of his plastic surgeon client in April 2021.

Represented a restaurant located in Athens, Georgia. The Plaintiff contended that the restaurant was negligent in allowing a “bar fight” to occur. The jury returned a defense verdict at the conclusion of the evidence.

Andrew Bagley obtained a dismissal for his client, a rideshare driver, in a case involving alleged infliction of emotional distress. Citing Georgia authority, Mr. Bagley successfully argued that the Plaintiff's Complaint failed to state a claim upon which relief could be granted.

Andrew Bagley recently secured the dismissal of his client, an Atlanta doctor, from a medical malpractice case on the basis that the plaintiff failed to perfect timely service.

Whitney Judson argued and won a Motion to Dismiss on behalf of a defendant motorist in plaintiff-friendly Augusta, Georgia. Plaintiff claimed that Georgia’s Crime Victims Restitution Act tolled the statute of limitations. Whitney argued that this exception was inapplicable. The Judge agreed with Whitney and issued a ruling from the bench, dismissing the Plaintiff’s case.

Heather Miller and Andrew Bagley tried an admitted-liability trucking accident case in the State Court of Fulton County. After deliberation, the jury returned a verdict that was significantly less than the Plaintiff’s final demand

Andrew Bagley obtained summary judgment for a local Atlanta entertainment and amusement venue in case involving the alleged wrongful death of a patron. After completing extensive discovery, Mr. Bagley argued that the Plaintiffs lacked evidence of negligence or causation. The trial court agreed, and the case was dismissed as a matter of law.

Andrew Bagley obtained summary judgment for a local Atlanta medical provider and her practice group in a case involving an alleged stroke.

Andrew Bagley and Dan McGrew obtained summary judgment for a rideshare driver involved in a vehicle-to-pedestrian collision. Mr. Bagley and Mr. McGrew successfully excluded Plaintiff's liability expert and obtained summary judgment.

Dan McGrew, Sam Britt, and Colleen Callaghan obtained summary judgment for a private security contractor in a case involving an active shooter situation at the attacker’s commercial workplace.

U.S. Eleventh Circuit Court of Appeals affirms U.S. Southern District Court’s Grant of Summary Judgment in Correctional Medicine Case in favor of a physician in a case alleging the physician had been deliberately indifferent to a prisoner’s serious medical need in violation of the prisoner’s constitutional rights.

Obtained voluntary dismissal of corporate client and employee in a matter arising from a pedestrian versus automobile tort action. After investigation, we were able to show (1) that the accident occurred when plaintiff was fleeing the scene on foot after shoplifting at a nearby convenience store; (2) that the driver had a green light and the right of way at the time of the incident; and (3) that plaintiff failed to take any action to ensure that it was safe to cross the street before the accident occurred.

Obtained dismissal on the merits for hospital client in medical malpractice action by showing that plaintiff failed to demonstrate in her complaint that South Carolina hospital was subject to personal jurisdiction in Georgia.

Obtained summary judgment for hospital client in medical malpractice action by successfully showing court that the allegedly negligent physician was not an employee or agent of the hospital, and that there was no basis for plaintiff’s claims of apparent agency.

Obtained summary judgment for OB-GYN client in a case alleging medical malpractice leading to the development of a brachial plexus injury as a result of shoulder dystocia encountered during delivery. Judge ruled directly from the bench at oral argument that plaintiff’s expert’s opinion impermissibly relied upon the doctrine of res ipsa loquitor, which is inapplicable as a matter of law in medical malpractice actions. On appeal, the Court of Appeals affirmed the decision of the trial court, and the Supreme Court denied the petition for certiorari.

Obtained summary judgment in tort action alleging negligent security at a motel by demonstrating that plaintiff’s admissions in response to discovery requests removed all genuine issues of material fact.

Obtained voluntary dismissal in medical malpractice action alleging that hospital client was liable under theory of respondeat superior for plaintiff’s alleged vision loss by showing plaintiff that hospital did not employ the allegedly negligent physician and did not provide any care or treatment to plaintiff through any other health care provider.

Successfully briefed and argued motion to dismiss in medical malpractice wrongful death and survival action by showing court that plaintiff initially named and served the wrong corporate entity, and that plaintiff’s failure to perfect service upon the proper entity following the filing of an amended complaint entitled defendant-hospital to dismissal on the merits. Court of Appeals denied plaintiff’s motion for interlocutory review.

Obtained Summary Judgment in a battery case. This case was filed in Fulton County and involved numerous claims against several Defendants.

Obtained voluntary dismissal of rideshare driver following the filing of a motion to dismiss showing plaintiff’s complaint failed to state a claim against the driver under which relief could be granted.

Arbitration victory for fire suppression sprinkler system contractor involving a department store’s large property damage claim.

Represented a General Surgeon who allegedly failed to follow the patients’ post-surgical complications. The patient eventually passed away. The General Surgeon and the Anesthesiologist were both named as Defendants. Jury returned a defense verdict on behalf of both physicians.

Represented a medical practice that allegedly failed to monitor a patient during a heart stress test. While on the treadmill, Plaintiff fell and allegedly sustained injury. After short deliberations, the jury found in favor of the Defendant.

Represented an OB-GYN in a Fulton County trial. Mr. McGrew’s client was allegedly negligent in failing to properly diagnose an ectopic pregnancy. The case resulted in a defense verdict in favor of the Defendant physician.

Represented a OB-GYN who allegedly failed to deliver a child promptly resulting in a fetal demise. Several other defendants. were involved. At the conclusion of the evidence, the jury found in favor of all defendants and entered defense verdicts including on behalf of the OB-GYN represented by Mr. McGrew.

Represented an Orthopedic Spine Surgeon in a medical negligence case in Cobb State Court. Plaintiff contended physician failed to timely take patient to surgery following a thoracic spine fracture which resulted in paralysis. Jury entered a defense verdict in favor of the Defendant Orthopedic Surgeon.

Represented a Pathologist who allegedly failed to properly read and report on a breast tissue specium. After four (4) days of trial, the jury was divided 9 to 3 in favor of the Defendant physician. The case was resolved under a high/low agreement on very favorable terms for Mr. McGrew’s client.

Represented a Plastic Surgeon who allegedly failed to treat Plaintiffs’ diabetic foot wounds. One of her legs had to be amputated. The jury found in favor of the Defendant physician at the close of the evidence.

Represented a Plastic Surgery practice that was sued for failure to diagnose abdominal compartment syndrome. Jury found both in favor of the physician and her practice entering a defense verdict.

Represented a corporate defendant in a General Liability case in Fulton County. Plaintiff contended that he was injured as he was unloading a truck. More specifically, he claimed the lift gate on the truck he was driving was defective and caused him to fall and sustain injury. The jury found in favor of the defendant and entered a defense verdict on its’ behalf.

Defense verdict in favor of a general surgeon in a week-long medical malpractice trial in Gwinnett County. The case involved a delayed bowel perforation complication days after performance of a rectosigmoid colon resection. The surgeon was alleged to have failed to recognize signs of infection in the post-operative period in order to timely diagnose the problem.

In Gwinnett County Court, represented a General Surgeon who allegedly failed to treat Plaintiff’s pancreatitis. Physician performed several surgeries on the patient and managed her post-operative care. Although the patient eventually expired, the jury found in favor of the Defendant physician finding that there was no medical negligence.

Represented a physician who was sued in Fulton County for allegedly failing to properly complete a Nephrectomy. Multiple Defendants involved. Jury found in favor of the Defendant physician represented by Mr. McGrew. There was a substantial verdict against the hospital.

In a motor vehicle accident case that was tried in Stephens County, Mr. McGrew received an outstanding result on behalf of his client. The case involved the wrongful death claims of Plaintiffs’ decedent after an individual was struck and killed. There was an apportioned verdict amongst the Defendants and Mr. McGrew’s clients received a very small percentage. This resulted in a verdict far less than what had been offered prior to trial.

Obtained a defense verdict in a premises liability case tried in Gwinnett State Court. Plaintiff contended she was pushed down by several employees of the corporate defendant. At the close of Plaintiffs’ evidence, the Judge granted a defense motion for directed verdict. The case was never appealed.

In a wrongful death case that was tried in Upson State Court (Thomaston, Georgia), Mr. McGrew represented a family practice physician. Plaintiff contended that the physician did not timely diagnose Plaintiff’s septic condition ultimately leading to her death. Jury found in favor of the Defendant physician and a defense verdict was entered.

Represented two Neonatologists. During the trial, at the conclusion of Plaintiff’s evidence, Mr. McGrew obtained a directed verdict due to lack of evidence against his clients. A judgment was entered in favor of the Neonatologists and no appeal ever occurred.

Medical malpractice action was dismissed for Plaintiff’s failure to comply with 2007 version of O.C.G.A.§9-11-9.1. The dismissal was upheld on appeal. Peck v. Bishop, 668 S.E.2d 558.

Represented Emcor in a general liability case involving a ladder which fell and struck Plaintiff on the shoulder. She underwent three (3) rotator cuff surgeries. Liability and damages were disputed. After jury deliberations, the Plaintiff was awarded $17,000 after having been offered substantially more money by way of settlement offers before the trial. Plaintiff’s medical bills claimed were over $100,000.

Dan McGrew prevailed in the Georgia Court of Appeals in favor of a Defendant based upon Plaintiff's failure to allege and prove sufficient facts to support claims of professional negligence and /or ordinary negligence.

Dan McGrew prevailed on a Motion to dismiss a Defendant physician based on Plaintiff's failure to meet the expert affidavit requirement under O.C.G.A. § 9-11-9.1.

The basis of the successful Motion involved Plaintiffs’ failure to properly identify certain requirements on a bankruptcy petition. This matter was never appealed and stands dismissed.

Bomar, Spencer A. (January 2015), Practical Tip: Did the Affordable Care Act End the Collateral Source Rule?, Law Journal Newsletters, Product Liability Law & Strategy.

Spencer Bomar presented “Cooperating Co-Defendants” at the Georgia Society for Healthcare Risk Management’s (GSHRM) Annual Conference.

Represented an OB-GYN client in Albany, Georgia. Plaintiff contended that the physician failed to identify and repair a bowel perforation following surgery. The jury was deadlocked at 11-1 in favor of the defense. Shortly after trial, the case was dismissed by Plaintiff’s counsel and never refiled again.

Summary judgment on issue of causation in a pharmacy case alleging professional negligence and RICO allegations.

Obtained a dismissal affirmed by the Georgia Court of Appeals for an Athens infectious disease doctor and nurse practitioner for Plaintiff’s failure to state a claim and for insufficient expert evidence to support the professional negligence claim. The Court of Appeals affirmed the trial court’s dismissal holding that plaintiff’s medical negligence claims, indeed, lacked the required expert support and that the plaintiff failed to present sufficient factual allegations to sustain her claims.

Obtained dismissal for client in automobile litigation matter based upon failure to diligently pursue service such that the date of service would relate back to the date of filing. Judge agreed that plaintiff’s complaint was barred by the statute of limitations because plaintiff made no efforts to pursue service of the Summons and Complaint upon client for over five (5) months after the statute of limitations had expired.

Obtained dismissal in medical malpractice case for a Georgia orthopedist after successfully showing the plaintiff’s claims sounded in medical malpractice and that the plaintiff failed to file a sufficient affidavit in compliance with O.C.G.A. § 9-11-9.1.

Obtained voluntary dismissal of corporate client and corporate executive in premises liability action in which we were able to show the corporate defendants were not proper parties under the theories of apparent or ostensible agency or joint venture.

Obtained dismissal for client in automobile litigation matter based upon failure to diligently pursue service such that the date of service would relate back to the date of filing. Judge agreed that plaintiff’s complaint was barred by the statute of limitations because plaintiff made no efforts to pursue service of the Summons and Complaint upon client for over four (4) months after the statute of limitations had expired. Appeal pending.

Obtained dismissal for corporate client and two employees in action alleging negligent repossession of a vehicle resulting in bodily injury. State Court and Federal Court (after removal by co-defendant while one motion was still pending) each ruled that clients were not subject to personal jurisdiction in Georgia as they had no contacts with the State and the subject incident did not occur within the State of Georgia.

Spencer Bomar obtained summary judgment for nephrologists named in a case alleging medical negligence related to wound care and decubitus ulcers in the ICU setting. The nephrologists asserted that their role in treatment did not include skin assessment or wound care and that all care related to the patient’s renal function met the standard of care. Judgment was entered in their favor.

Obtained voluntary dismissal of physician client in medical malpractice action alleging that physician failed to appropriately evaluate patient and protect against risk of fall. Client was voluntarily dismissed within days after deposition of plaintiffs’ expert, which demonstrated that the expert did not have admissible opinions that client violated the applicable standard of care.

Heather Miller represented a property management company at trial in a lawsuit by a tenant for mold exposure in the State Court of Clayton County. Ms. Miller obtained a directed verdict for management company during trial.

Heather Miller represented a sub-contractor client in a subrogation action in a case pending in Gilmer County Superior Court.

Heather Miller and Andrew Bagley obtained summary judgment in Chatham County in a premises liability lawsuit on behalf of a client, a nationwide recycling company. The Court found that the Plaintiff assumed the risk of his actions, which warranted summary adjudication.

Spencer Bomar obtained a voluntary dismissal in air compressor explosion case causing catastrophic burn injuries when proven defendant did not manufacture, but only distributed the component part alleged to have caused the explosion.

Spencer Bomar and Sam Britt represented a physician who was alleged to have been deliberately indifferent to a prisoner’s serious medical need in violation of the prisoner’s constitutional rights.

Represented a neonatologist in a jury trial in Fulton County. The physician was sued for medical negligence alleging that there was a breach of the standard of care. Plaintiff contended that physician failed to properly care for a baby born with respiratory distress syndrome and demanded $30 million at trial. Jury found in favor of the Defendant physician, and a defense verdict was entered.

Dan McGrew and Heather Miller represented a Urogynecologist who was sued for performing a hysterectomy and sacrocolpopexy that Plaintiff claimed were not medically indicated. Several other Defendants were involved. The Jury found in favor of all Defendant physicians.

Heather Miller and Dan McGrew represented two Hematologists who were sued for allegedly failing to properly manage Plaintiff’s Coumadin levels. The Jury found in favor of both Hematologists and a defense verdict was entered.

Heather Miller and Dan McGrew represented an OB/GYN physician who was sued for allegedly improperly performing a laparoscopic hysterectomy in a medical malpractice suit filed in the State Court of Fulton County in March, 2016. Jury returned a verdict for the Defendant physician.

Heather Miller obtained a Dismissal for a client, a cardiologist, in the Superior Court of Cherokee County. On behalf of the physician, it was argued that Plaintiff’s alleged battery claim was actually a medical malpractice claim, requiring an expert affidavit, pursuant to O.C.G.A. § 9-11-9.1. As Plaintiff failed to obtain an expert, and the statute of limitations had expired, the Court agreed and granted the Dismissal.

Spencer Bomar tried a week-long medical malpractice trial in Athens-Clarke County. The case involved a cervical spine surgery in a patient who experienced a subsequent kyphotic deformity and later developed neurological deficits. The case resulted in a defense verdict for the defendant neurosurgeon.

Dan McGrew and Spencer Bomar obtained a defense verdict in favor of an internal medicine physician in a case alleging that the discontinuation of a sub-acute rehab patient’s Heparin medication was premature and that the patient died of an acute pulmonary embolism as a result.

Spencer Bomar and Dan McGrew obtained a defense verdict in favor of a plastic surgeon alleged to have failed to timely diagnose a rare, invasive fungal infection called Mucormycosis in a patient who died as a result. The trial lasted 7 days. Jury, after deliberation, found in favor of the Defendant physician.

Dan McGrew and Spencer Bomar obtained a defense verdict in favor of a urological surgeon who allegedly failed to intervene as the assistant, but more experienced surgeon, to prevent a surgical complication during a nephrectomy caused by another urological surgeon.

Andrew Bagley obtained a voluntary dismissal from Plaintiff’s counsel in a case involving a multi-car accident when, during discovery, he was able to establish that his client, a rideshare driver, did not cause or contribute to the accident. Even though rideshare drivers are often considered the “target” defendants, Mr. Bagley convinced the opposing side to dismiss his client from the case and proceed solely against the other parties.