LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2017 - 2016 - 2014

Summary Judgment in Quadriplegic Case Affirmed by Court of Appeals – Supreme Court Declines to Take the Appeal

June 30, 2017

Dave Dial, Jack Hawkins, Josh Swiger, and Claire Murray represented a horse owner in a case filed by a 19 year old man who fell from a horse, becoming a quadriplegic.  After retaining three equine experts to combat the experts retained by Plaintiff and taking depositions in various locations from Phoenix to London, we moved for summary judgment under the Georgia Equine Immunity Act.  Because the Act’s broad grant of immunity applied to the situation, the trial court granted summary judgment.  The Court of Appeals affirmed in a well-reasoned, published opinion.  The Supreme Court denied Plaintiff’s Petition for Certiorari on June 30, 2017.

This may also go down as the only case in history where two insurance companies bought a horse for safekeeping during the pendency of the suit.

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