59 results for 'judge:"Land"'.
J. Land finds that the trial court improperly ruled in favor of the store in a negligence action brought by the customer arising from injuries he suffered in a slip-and-fall incident. The trial court failed to allow oral argument on the store's motion for summary judgment despite the timely request by the customer. Vacated.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0547, Categories: Civil Procedure, Premises Liability
J. Land finds that the trial court properly convicted defendant of rape and giving false information to a law enforcement officer. Sufficient evidence was presented to support defendant's rape conviction and to allow the jury to infer that defendant was not justified in raping the victim because he felt threatened by an accomplice. The trial court did not commit any error in refusing to grant a mistrial after an investigator gave testimony referring to defendant's unrelated criminal proceeding. A curative instruction was immediately given to the jury and the statement was struck from the record. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: April 19, 2024, Case #: A24A0375, Categories: Sex Offender
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: Search, Dui
J. Land rules in favor of the school district in a civil rights action brought under Title IX of the Education Amendments of 1972 by a former student alleging that she was sexually abused by her biology teacher. The student failed to show that the district had actual notice of the abuse before another student reported text messages between the teacher and student to the principal. Although the district knew the relationship between the student and teacher was inappropriately close, it was not aware of the sexual nature of the relationship. The student also failed to show that the district was deliberately indifferent to the text messages.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: March 5, 2024, Case #: 3:22cv47, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights
J. Land finds that the trial court improperly ruled partially in the tenant's favor in a breach of contract and specific performance action against the landlords arising out of a dispute over whether the tenant satisfied the terms of a lease purchase agreement when she sent a letter exercising her right to the option to buy the property. A jury question exists as to whether the landlords waived strict compliance with the notice provision of the purchase option agreement. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 28, 2024, Case #: A23A1772, Categories: Contract
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[Consolidated.] J. Land finds that the trial court properly dismissed the individual's negligence and medical malpractice action against Publix arising from injuries she suffered after she was prescribed Bactrim, a medication to which she was allergic. The individual failed to provide an expert affidavit from a pharmacist or pharmacologist despite the fact that her theory of negligence implicated Publix's exercise of professional skill and judgment in operating a pharmacy. However, the trial court incorrectly dismissed the individual's claims against the doctor. An expert affidavit provided by another doctor met the statutory requirements because it stated that a supervising doctor should have created a protocol to minimize the risk of a nurse practitioner prescribing an improper drug. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 28, 2024, Case #: A23A1291, Categories: Negligence, Medical Malpractice
J. Land finds that the trial court properly convicted defendant of criminal attempt to commit child molestation. The trial court correctly denied defendant's motion to suppress statements made to a detective while she was in custody. Defendant made her statement voluntarily and without any hope of benefit. A detective's statement that the FBI was interested in defendant was not improper. The trial court also correctly denied defendant's general demurrer to the indictment because defendant was sufficiently informed of the charges against her. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 20, 2024, Case #: A23A1320, Categories: Miranda, Sex Offender
[Consolidated.] J. Land finds that the trial court properly denied defendant's motion to withdraw his guilty plea to offenses including aggravated assault arising after defendant fired a gun into a crowd which included five police officers. However, the case is remanded to the trial court for correction of a scrivener's error in the written sentencing order. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 13, 2024, Case #: A23A1679, Categories: Assault, Plea
J. Land finds that the trial court properly upheld the workers' compensation board's temporary total disability award to the employee. The employee's work as a handyman for his supplemental home renovation business was dissimilar from his job as a crane operator and engineer for the employer. Although the employee was not earning income from his handyman work in the months before his accident while working for the employer, he was concurrently self-employed with the renovation business and the employer and insurer are not entitled to any credit from his post-injury work with the renovation business. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: February 13, 2024, Case #: A23A1588, Categories: Workers' Compensation
J. Land finds in favor of the police officer in a civil rights and excessive force action brought by the driver arising from her DUI arrest. The driver suffered a broken arm after the officer tackled her. The officer is entitled to qualified immunity. A reasonable officer could have believed that probable cause existed to arrest the driver for DUI because witnesses at the crash scene told the officers that the driver admitted to ingesting beer and Xanax. The officers also believed the driver's breath smelled like alcohol. The officer could have reasonably interpreted the driver's move to pull away while she was being handcuffed as resistance.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: February 5, 2024, Case #: 3:22cv49, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity
J. Land denies the parent charity's motion to dismiss the state charity's second amended counterclaim for misappropriation of trade secrets and breach of contract. The state charity sufficiently alleged that its donor list was a protectable trade secret and that the parent charity engaged in misappropriation by accessing the donor list under false pretenses and by sharing it with other charity chapters. However, the motion is granted to the extent that the state charity brings an independent, separate claim for breach of the duty of good faith and fair dealing.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 26, 2024, Case #: 4:22cv207, NOS: Other Contract - Contract, Categories: Trade Secrets, Contract
J. Land finds that the trial court properly convicted defendant of burglary. The trial court correctly denied defendant's motion to sever the charges against him, which arose from a burglary of a convenience store and a burglary of an abandoned house. The charges against defendant were factually connected and linked by overlapping evidence, including video footage showing the person who burglarized the store running towards the street where the abandoned house was located. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 24, 2024, Case #: A23A1422, Categories: Burglary
J. Land upholds the bankruptcy court's order denying the firm's motion for a new trial on the decision denying the firm's earlier motion to object to the confirmation of the client's Chapter 13 plan. The bankruptcy court correctly found that the client declared bankruptcy in good faith and properly rejected the firm's arguments that the client's failure to account for child support in her bankruptcy plan showed bad faith.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 24, 2024, Case #: 4:23cv119, NOS: Bankruptcy Appeal 28 USC 158 - Bankruptcy, Categories: Bankruptcy
J. Land denies the companies' motions for judgment as a matter of law and new trial in a breach of contract action against the business owner. The business owner's motion to alter or amend the judgment is also denied. The jury verdict in favor of the companies on the owner's breach of contract counterclaim and in favor of the owner as to a breach of contract claim is supported by the evidence and is not contrary to the law. Both parties' motions for attorney fees are denied. The companies did not sufficiently prevail on their claim for breach of a consulting agreement to be entitled to recover their litigation expenses, including attorney fees. The previously entered judgment will be amended to remove language that the parties will bear their own costs and replaced with language reflecting that the owner will recover their costs from the companies in the amount of $34,000.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: January 11, 2024, Case #: 4:21cv95, NOS: Other Contract - Contract, Categories: Attorney Fees, Contract
J. Land finds that the trial court improperly denied the company's motion for a new trial in an action brought by the customer alleging that the company took $500 from her bank account after she terminated services. The trial court ruled in favor of the customer after the company failed to appear and awarded the customer $25,000 in punitive damages and $10,000 in actual damages. The trial court incorrectly failed to grant the company a hearing on its motion for new trial. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: January 10, 2024, Case #: A23A1544, Categories: Tort
J. Land denies the employee's motion for default judgment as to the company in an employment retaliation action alleging violations of the Fair Labor Standards Act for failure to pay overtime but grants the motion with respect to the security company. The employee only properly served the amended complaint on the security company at the time of the motion for default judgment. The employee is entitled to a $24,000 judgment plus $800 in costs.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:23cv47, NOS: Fair Labor Standards Act - Labor, Categories: Employment Retaliation, Labor
J. Land denies Ford's motion for summary judgment in a renewed product liability and negligence action brought by a deceased driver’s mother and a passenger. The driver lost control of a 2001 P207 Ford Explorer Sport Trac when the tread on a tire separated. The vehicle rolled over four times. A reasonable jury could find that Ford knew the vehicle’s target understeer gradient was low and that the issue often caused drivers to lose control of their vehicles. A genuine issue of fact exists as to whether Ford acted with reckless, willful or wanton disregard for life or property in designing the vehicle.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 20, 2023, Case #: 4:22cv62, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Negligence, Product Liability
J. Land denies the farm's motion for reconsideration of an earlier order finding that the jury's excessive compensatory and punitive damages award for lake repair costs warranted a new trial. The evidence did not support the jury's $1.5 million award to repair the farm's property and the compensatory damages award for the loss of use and enjoyment of the farm's property exceeded the fair market value of the property. The instant court used its "enlightened conscience" to determine the remittitur amounts and the remitted damages are supported by the evidence. The farm's motions for leave to file an interlocutory appeal and to certify questions to the Georgia Supreme Court are denied.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 13, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Damages
J. Land grants the insurer's motion for partial summary judgment in a breach of contract action brought by the insured arising after the insurer denied a claim for hail damage. The insurer relied on the opinion of an independent consultant who previously worked in construction and is a licensed insurance adjuster in denying the insured's claim for roof damages caused by hail. The insured failed to show that it was unreasonable for the insurer to rely on the consultant's advice just because he is not a roofing contractor.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 4:22cv40, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Land rules in favor of the dissenting shareholders in a judicial appraisal action arising after the shareholders demanded a payment of $1.25 per share. The shareholders invoked their right under the Georgia Dissenters' Rights law to be paid for their shares after dissenting to the board of directors' recommendation that the corporation sell some assets to another company and enter a joint venture that would combine the corporation with another entity. The fair value of the corporation as of the valuation date is 56 cents per share.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: December 11, 2023, Case #: 3:22cv7, NOS: Stockholders’ Suits - Contract, Categories: Securities
J. Land finds that the trial court properly convicted defendant of aggravated assault and reckless conduct for firing a rifle at a family who was fishing on the river near his property. The trial court correctly admitted evidence of five other acts committed by defendant, including evidence that defendant brandished guns during disputes with neighbors and police and admitted to shooting at people near his house in the past. Sufficient evidence was presented to support defendant's convictions. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: December 8, 2023, Case #: A23A1629, Categories: Assault
J. Land partially denies in part the GBI agent's and the forensic analyst's motion to dismiss a civil rights action brought by an individual after he was exonerated of crimes including rape and assault for which he was imprisoned for nearly four decades. The individual alleges that his convictions arose from police misconduct including destruction of evidence and fabrication of inculpatory evidence. The GBI agents' and investigators' motion to dismiss the individual's claims for fabrication and concealment of evidence, conspiracy, malicious prosecution and right of access to courts is denied. The city's motion to dismiss is denied. The individual's proposed state law claims against the deceased officials' personal representatives are barred.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 22, 2023, Case #: 4:23cv32, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct
J. Land partially rules in favor of the employer in the employee's action alleging retaliation in violation of the Federal Railroad Safety Act. The employee claimed he was suspended and fired for reporting on-the-job injuries, filing personal injury claims under the Federal Employer's Liability Act, reporting locomotive issues and complying with the hours-of-service law which resulted in delays. The employer's motion for summary judgment is granted as to the claim arising after the employee reported work-related injuries. The employee failed to show that the injury reports contributed to the unfavorable personnel actions. However, the employer's motion is denied as to the claims based on reporting locomotive problems and complying with hours-of-service requirements. The employee presented evidence which could contradict the employer's stated reason for his removal from service and termination.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: November 7, 2023, Case #: 4:22cv117, NOS: Railway Labor Act - Labor, Categories: Employment Retaliation
J. Land finds that the trial court improperly ruled in favor of the hospital and doctors in the mother's medical malpractice action alleging that she was not informed of the dangers of co-sleeping with her newborn son. The son suffered a serious brain injury and permanent disability due to co-sleeping. The trial court applied in an incorrect standard in finding that testimony from the mother's experts was purely speculative. The experts testified that they believed that the son's injuries were caused by co-sleeping and also testified regarding the methodological basis for their conclusions. The experts' methodology was sufficient under the law. Reversed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: October 23, 2023, Case #: A23A1014, Categories: Experts, Medical Malpractice
J. Land denies the companies' motions for judgment as a matter of law in a trespass and negligence action brought by the couple except with regard to the compensatory and punitive damages awards, which are remitted to various degrees. The couple alleged that the companies polluted their property and fishing lake while building a solar panel energy facility. The jury awarded the couple $10.5 million in compensatory damages and $125 million in punitive damages. The compensatory damages award to the couple's farm is remitted to $296,000 and the compensatory damages awards to the husband and wife are remitted to $487,000 each. The evidence at trial did not support the award to repair the couple's property. The award of damages for the couple's temporary loss of use of their property exceeds the fair market value of the property and is excessive. The punitive damages award against the energy company is remitted to $1.1 million and the punitive damages award against the construction companies is remitted to $1.5 million.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: October 23, 2023, Case #: 4:21cv134, NOS: Torts to Land - Real Property, Categories: Damages, Negligence
J. Land finds that the trial court properly ruled in favor of the funeral home in an action brought by the siblings alleging that they suffered damages when the stepson arranged to cremate the sister. The trial court correctly found that the siblings lacked standing to sue once they forfeited their right to determine the disposition of the sister's remains by failing to exercise it within three days of the sister's death. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: October 12, 2023, Case #: A23A1162, Categories: Tort
J. Land denies a motion to dismiss the insurance company's interpleader action seeking to deposit life insurance funds in dispute by multiple parties and relieve itself of the liability of distributing them. There being no reason to abstain taking action in this lawsuit in light of a parallel state-court proceeding, the insurance company is permitted to deposit the $1,000,510 in proceeds into the court's registry, and a stay of discovery and pretrial proceedings in this matter is lifted.
Court: USDC Middle District of Georgia, Judge: Land, Filed On: October 3, 2023, Case #: 4:23cv36, NOS: Insurance - Contract, Categories: Insurance, Contract
J. Land finds that the trial court improperly denied the estate's motion for summary judgment as to claims arising under the Georgia Constitution in an action brought by the individual after the decedent, a sheriff, fired buckshot at him during a high-speed motorcycle chase. However, the trial court correctly denied the motion with respect to the individual's battery and negligence claims because a genuine issue of fact exists as to whether the sheriff shot at the individual with actual malice or intent to injure him. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A0741, Categories: Civil Rights, Negligence
J. Land finds that the trial court properly convicted defendant of armed robbery, false imprisonment, aggravated assault, burglary, cruelty to children and firearm offenses arising out of a home invasion. The trial court correctly denied defendant's motion for a mistrial after the state's timeline and work product inadvertently went back with the jury during deliberations for about 90 minutes. The trial court gave the jury a limiting instruction directing them not to consider the timeline during deliberations. The small amount of extra-judicial information on the timeline was non-prejudicial. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: September 26, 2023, Case #: A23A1078, Categories: Burglary, Jury, Robbery