Tuesday, April 24, 2012

Turkheimer & Hadden wins victory at Georgia Court of Appeals

Turkheimer & Hadden partner John Hadden, along with co-counsel Ben Windham and John Bell, recently won an important victory at the Georgia Court of Appeals reversing the decision of a trial judge granting summary judgment to the defendants. The Court of Appeals ruling allows the case to proceed to trial.

The case concerned the extent to which an individual is considered an employee, as opposed to an independent contractor, of an employer. The defendants argued that the individual who caused a traffic collision (with resulting catastrophic injuries to the plaintiff) was an independent contractor for whom they were not liable. The trial court ruled in favor of the employer, but the Georgia Court of Appeals reversed, finding there to be genuine issues of material fact as to the defendants' control over the driver's actions.

The case is Broadnax v. Daniel Custom Construction et al., Case no. A11A2124 (March 29, 2012).

Turkheimer & Hadden, LLC
Trial and Appellate Lawyers
(404) 890-7200

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