Goodman McGuffey Attorneys Robert Luskin, James Hankins, and Bert Noble hit the green yesterday, Thursday, April 15th, for the Georgia Association Of Convenience Stores Golf Tournament at Stone Mountain Golf Club in Stone Mountain, GA. Thanks for having us as a sponsor and we cannot wait until next year!
According to the National Association of Insurance Commissioners (NAIC) Florida homeowners insurance claims accounted for just over 8% of all homeowners claims opened by U.S. insurers in 2019. However, homeowners insurance lawsuits in Florida accounted for more than 76% of all litigation against insurers nationwide.
How do we changes those numbers? Avoid Appraisal. If you can’t avoid appraisal, draft an appraisal agreement that identifies the issues for appraisal. Lock in the scope of work early. Be proactive. Get coverage disputes resolved before the anyone demands appraisal. Don’t hesitate to seek the court’s guidance if the appraisal goes beyond what appraisal was designed to be—a method of resolving damage issues not causation or scope.
On April 8, 2021 Samantha Mullis met with various government officials of Gwinnett County to discuss a corporate plan for addressing excessive trash and public dumping issues at store locations within the County for a national retailer. Samantha set forth the client’s plans to remedies for correcting the public dumping issues and she expressed her client’s anticipation to fostering a relationship with Gwinnett County to discuss government regulations, compliance with those regulations, and other solutions that benefit both businesses and county citizens.
Samantha M. Mullis is an Associate Attorney at the Atlanta, GA office of Goodman McGuffey LLP. Samantha’s practice focuses on representing insurers in coverage disputes and on representing individuals and companies in a variety of general liability matters.
Congratulations to Goodman McGuffey Associate, Samantha Mullis, for being elected as a 2021-2022 Member At Large for the Litigation Section of the Atlanta Bar Association. Well done and we are so proud! Keep up the good work!
Samantha M. Mullis works out of the Atlanta, GA office of Goodman McGuffey LLP and her practice focuses on representing insurers in coverage disputes and on representing individuals and companies in a variety of general liability matters. Samantha has been recognized in the 2021 edition of The Best Lawyers in America – “Ones To Watch” for her work in Insurance Law. Samantha maintains active law licenses in North Carolina, South Carolina, and Georgia. In the summers, Samantha volunteers for a Courageous Kidz Camp that assists children with cancer and their families. She was born and raised in Goose Creek, South Carolina and currently resides in Buckhead.
Goodman McGuffey partner, Robert Luskin, is a panelist for a free webinar hosted by RH Sims Insurance Agency, for churches and nonprofits regarding the topic of claiming the “Employee Retention Tax Credit” on April 27th at 2:00 P.M. Robert will be speaking alongside owner of CS Business Consulting and Vice President of Shelton Associates, Mr. Ryan Conn.
This webinar will cover the following topics:
Robert Luskin is a Partner of Goodman McGuffey LLP working out of the Atlanta office and is an experienced trial lawyer who represents clients in a wide range of insurance matters and employment litigation in Federal and State Courts across Georgia and the Southeast. Robert has experience in defending corporations and individuals in various complex litigation matters, as well as extensive experience in the areas of products liability, premises liability, professional negligence, questionable insurance claims and other insurance coverage matters. Robert also represents various companies with regard to employment related matters including discrimination and harassment issues.
Robert is a frequent presenter at the National PLRB Seminar, IASIU, NSPII, CLM, and many other national and regional seminars. In addition to handling pending lawsuits, our firm also works with our clients through seminars, workshops, and on-site investigations to either troubleshoot potential problems before they happen or to prepare for the coming storm of litigation. Goodman McGuffey LLP recognizes that while litigation is our business, it is not the business of our clients.
In Star Residential, LLC, v. Hernandez, Hernandez sued Terraces at Brookhaven, LLC, and Star Residential, LLC, who together owned and operated the apartment complex where Hernandez lived, after he was shot in an unprovoked attack and robbery. Hernandez asserted a claim of negligent security/premises liability; a nuisance claim under the Georgia Street Gang Terrorism and Prevention Act (“GSGTPA”); and negligence per se for local public nuisance ordinances. Star Residential, LLC v. Hernandez, 354 Ga.App. 629, 629, (2020).
Hernandez alleged in his complaint,
“criminal activity and numerous shootings were the result of gang activity at his apartment complex; the complex was used by criminal street gangs for the purpose of conducting gang activity; lack of adequate security provided by the complex’s operator and owner ‘enabled criminal street gangs to overtake the property to the point that residents were exposed to living in an environment that was equivalent to a ‘war zone’ and as a proximate result of the dangerous conditions maintained by Defendants at his apartment complex, Hernandez was injured by criminal street gang activity.”
Star Residential, LLC, at 634 (2020). Defendants moved to dismiss the claims based on GSGTPA, and the local nuisance ordinances. Star Residential, LLC, at 629 (2020). The trial court denied their motion, but the Court of Appeals granted their application for interlocutory review. Id. “Defendants argue that the language of the GSGTPA does not apply to the claim against them in this case because they merely own and operate the property, and Hernandez does not allege that the Defendants were involved in the shooting.” Star Residential, LLC, at 630 (2020). The Court of appeals analyzed the statutes relevant to Plaintiff’s causes of action.
“Criminal gang activity” is broadly defined in O.C.G.A. § 16-15-3(1) and the statutes criminalizing said activity have been upheld as constitutionally valid by the Georgia Supreme Court. See In re K.R.S., 284 Ga. 853, 672 S.E.2d 622 (2009). A “criminal street gang” is defined as “any organization, association, or group of three or more persons associated in fact, whether formal or informal, which engages in criminal gang activity.” O.C.G.A. § 16-15-3(3). “Any real property which is … used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by Title 41 relating to nuisances.” O.C.G.A. § 16-15-7(a). “… If a public nuisance in which the public does not participate causes special damage to an individual, such special damage shall give a right of action.” O.C.G.A. § 41-1-3. “…A public nuisance may be abated upon filing of a complaint by any private citizen specially injured.” O.C.G.A. § 41-2-2.
Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate punitive damages; … Such person shall also recover attorney’s fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15-2.[1]
O.C.G.A. § 16-15-7(c).
The Court of Appeals noted the fact that the statute is silent “as to the nature of the cause of action or the intended defendant of such an action.” Star Residential, LLC, at 633 (2020). However, the Court of Appeals affirmed the trial court’s decision.
[I]t appears plain that the violent injury Hernandez alleges he received falls within [criminal gang activity]. The statute is also explicit that it is for the factfinder to determine whether the action is consistent with the legislative intent expressed in OCGA § 16-15-2. Thus, whether the present action is consistent with the intent set forth in OCGA § 16-15-2 is not a threshold issue for courts to resolve.
Star Residential, LLC, at 633-34 (2020).
The Georgia Supreme Court granted certiorari on November 2nd, 2020 and heard oral arguments from the parties on March 25, 2021 at 10:00am. The Court of Appeals affirmed the trial court’s decision based on the reading of the statute such that its applicability is a question for the factfinder and not the court. However, the parties appeared to abandon this question on certiorari.
The main issues argued before the Supreme Court dealt with questions of statutory construction and the relationships between the four different subsections of O.C.G.A. § 16-15-7. Appellants, Star Residential, LLC, et al., relied on the argument that subsection c is independent of, and creates a cause of action separate from, the public nuisance and abatement actions addressed in subsections a and b of O.C.G.A. § 16-15-7. They thereby contended that such cause of action can only be construed as to be available for persons injured by criminal street gang activities against individuals who directly participated in said criminal street gang activities. Appellee, Hernandez, argued that subsection a clearly defines properties used by criminal street gang members for criminal street gang activity as public nuisances per se, and that subsection c establishes the remedy of treble damages for those harmed by said criminal street gang activities on those properties. Their argument relied on the cause of action available to private citizens who are specially injured by public nuisances under Common Law and as codified in O.C.G.A. § 41-1-3.
The Court peppered both parties with questions and hypotheticals to test the consistency of their arguments across the statute in question and relevant statutes in Title 41 dealing with public nuisances and abatement actions. You can watch the full Oral Argument on the Georgia Supreme Court website here: https://www.gasupreme.us/oral-arguments-march-25-2021/. The Supreme Court’s ruling in this case will determine the validity of suits seeking treble damages against property owners for injuries sustained because of criminal street gang activities in which said property owners took no part. It will undoubtedly be a pivotal moment for premises liability and public nuisance cases in Georgia.
You can access this article by Goodman McGuffey Associate, Paul Spann, by clicking HERE.
[1] “(a) The General Assembly finds and declares that it is the right of every person to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals… (b) The General Assembly, however, further finds that the State of Georgia is in a state of crisis which has been caused by violent criminal street gangs whose members threaten, terrorize, and commit a multitude of crimes against the peaceful citizens of their neighborhoods… (c) the General Assembly finds that there are criminal street gangs operating in Georgia and that the number of gang related murders is increasing … (d) The General Assembly further finds that an effective means of punishing and deterring the criminal activities of criminal street gangs is through forfeiture of the profits, proceeds, and instrumentalities acquired, accumulated, or used by criminal street gangs.” O.C.G.A. § 16-15-2
On March 31, 2021, Georgia Governor Brian Kemp signed three executive orders relating to COVID-19. Executive Order 03.21.21.01 (the “First Order”), extended the Public Health State of Emergency, currently set to expire on April 6, 2021, until April 30, 2021 at 11:59 PM. Executive Order 03.31.21.02 (the “Second Order”) extended Executive Order 03.12.21.01, Empowering a Healthy Georgia, until April 7, 2021. The Second Order also allows state employees to obtain a COVID-19 vaccine without being required to use sick leave or PTO.
Executive Order 03.31.21.03 (the “Third Order”), was the most expansive of the three orders. The Third Order takes effect on April 8, 2021 and will be active through April 30, 2021. The Third Order requires social distancing, and “strongly encourage[s]” face coverings to be worn while outside a home or place of residence, except when eating, drinking, or exercising outdoors. Restaurants and bars are shall implement measures to stop the spread of COVID-19, which may include ensuring their employees wear masks when interacting with patrons, keep seating arrangements forty-two (42) inches apart, and use plastic barriers and posting appropriate signage previously mentioned in executive orders. Measures that “shall” be implemented for business included in the section titled “Industry, Commerce, & Organizations” were similar in nature. The Third Order also suspended any “state, county, or municipal law, order, ordinance, rule, or regulation that requires persons to wear face coverings, masks, [or face shields]” in places of public accommodation or on public property. No organization will be mandated to close for failure to comply with the Third Order, which also eliminates the gatherings ban and shelter in place requirements. Lastly, the Third Order suspends enforcement of any county or municipal ordinance or order that is more or less restrictive than the Third Order.
What is interesting is how the Third Order will interact with orders and ordinances of local governments who may have passed orders that are more restrictive than the Third Order discussed above. Governor Kemp permitted local governments to pass mask requirements, despite earlier executive orders prohibiting orders that were “more or less restrictive” than an order from the Governor. Arguably, there are local orders and ordinances that are more restrictive than the Third Order, despite the removal of the mask requirement and the gatherings ban. For example, Athens-Clarke County has an ordinance in place that requires alcohol licensees to stop serving alcohol at 11:30 PM. Will this restriction remain? Possibly. What remains to be seen is how the Third Order will impact the rules and orders of local governments around the state. We will keep you updated regarding any updates related to COVID-19 and possible impacts on local businesses.
Goodman McGuffey has several new additions to the team and wanted to spotlight three new attorneys across various practice areas: JD Holt, Antonio Elera, and Jack Summer. The firm is delighted to welcome these new talents and enthusiastic about their future’s here at Goodman McGuffey LLP.
JD Holt is an Associate in the Atlanta office of Goodman McGuffey LLP’s liability defense practice group where he focuses on representing individuals and companies in a wide range of general litigation matters throughout Georgia. Prior to joining the firm, JD worked for a private practice in Tallahassee, FL where he gained experience defending individuals and businesses in a variety of cases. After moving to Atlanta, JD joined a firm where his practice focused on corporate law and business litigation. JD graduated from Auburn University in 2009 with a bachelor’s degree in International Business with a concentration in Finance. He received his law degree in 2013 and M.B.A. in 2015 from Florida State University and maintains active law licenses in Florida and Georgia. JD was born and raised in Auburn, Alabama and currently resides in Buckhead with his wife.
Antonio Elera is an Associate Attorney working out of the Atlanta, GA office of Goodman McGuffey LLP. He represents self-insured and commercially insured employers in the defense of workers’ compensation claims. Antonio was born in Peru and raised in New York. He graduated from the University of Maryland where he received his B.A. in Literature. After undergraduate college, he worked as an Advanced Placement American History high school teacher while earning an M.A. in American History at Florida Atlantic University. Immediately following graduate school, he enlisted in the United States Army where he served as a commissioned officer. After military service, he attended law school on a full scholarship and earned his J.D. from the University of California, Hastings College of the Law in 2019. While in law school, he volunteered at a military veteran-run non-profit organization to combat human trafficking. He also worked as a law clerk in the areas of education and employment law.
Jack Summer is a Senior Associate Attorney at Goodman McGuffey LLP, working out of the Atlanta, GA office. His practice at Goodman McGuffey focuses primarily on complex insurance coverage litigation. He has experience in general civil litigation, products liability, construction litigation, premises liability, automobile liability litigation, Anti-SLAPP litigation, and intellectual property litigation. Jack has practiced law in Georgia since 2017 and joined the firm in 2021. Prior to joining Goodman McGuffey, Jack practiced as an associate attorney for Hall Booth Smith, P.C. and a criminal defense attorney at the Fulton County Public Defender. Jack has handled complex litigation in both state and federal courts.
Goodman McGuffey partner, Teri Zarrillo, will be presenting alongside Dr. Michael Schurdell at The Physicians, at the 2021 NW Georgia Safety Cooperative Meeting on Wednesday, April 7th, 2021 from 10:00 – 11:00 AM on the topic of Practical Hints, Panel Issues and Return to Work Issues.
Teri Zarrillo is a partner working out of the Atlanta, GA office of Goodman McGuffey LLP, and primarily represents self-insured and commercially insured employers in workers’ compensation matters. Teri has been privileged to speak at numerous seminars regarding various workers’ compensation issues and is an instructor in the State Board of Workers’ Compensation Certified Workers’ Compensation Program. Her experience also includes representing clients in general litigation of civil cases and insurance coverage.
In addition to handling pending lawsuits, we also work with our clients through seminars, workshops, and on-site investigations to either troubleshoot potential problems before they happen or to prepare for the coming storm of litigation. Please feel free to contact Teri Zarrillo or fill out the online CONTACT US form located under the Contact Tab at the top right-hand corner of our website, with any questions you may have.
It’s Women’s History Month, and we’re so thankful for our incredible team here at Goodman McGuffey LLP. We asked women in our firm a few questions to get to know them and learn more about their experiences as female attorneys.
We want to highlight a few responses from GM partner Teri Zarrillo, and Associates Anna Waller, and Brena Bergman.
We are thankful for all of the women at Goodman McGuffey LLP and their hard work that keeps this firm running smoothly. We would like to highlight our female attorneys at GM: Katherine Barton, Brena Bergman, Sara Blackwell, Teri Bussey, Catherine M. Carson-Freymann, Stephanie Glickauf, Alice Hollaway, Nerizza Miyamoto, Samantha Mullis, Anna Waller, and Teri Zarrillo.
We appreciate all you do!
