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Firm wins appeal in construction litigation case

Stewart Duggan, Frank Beacham, Sam Lucas, and Lee Carter obtained an important ruling from the Georgia Court of Appeals reversing the trial court's grant of summary judgment in favor of several defendants and construction contractors.  The trial court erroneously granted defendants' motions for summary judgment and dismissed the $1+ million case against all the defendants, concluding that certain parties were improperly added and that no evidence existed to support the plaintiff's claims involving negligent construction of a Holiday Inn Express.

The Court of Appeals agreed with the firm's arguments and found that the trial court erred in numerous respects in applying the law, in overlooking important evidence, and in dismissing certain individually-named defendants.  With this important reversal, the plaintiffs' negligent construction claims were revived and the negligence claims against the individually-named defendants reinstated.   

The Court of Appeals' decision was published on July 16, 2014, case number A14A0389.  The decision may also be found at 2014 WL 3559701.