A homeowner sued one of our community association clients and argued, in part, that the association had a duty under Georgia law to enforce the covenants against all violations and that the association may be liable for not enforcing. Specifically, the homeowner argued that if Homeowner "A" has a covenant violation that the association does not enforce, then Homeowner "B" may sue the association for not enforcing against Homeowner "A." The Georgia Court of Appeals in the case of Rymer v....
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Jason W. Hammer and Blair J. Cash obtained a dismissal in favor of their client in the State Court of Cobb County. The case arose out of a motor vehicle accident allegedly resulting in over $25,000.00 in past medical expenses for the Plaintiff. The Plaintiff previously dismissed his lawsuit without prejudice and subsequently filed a renewal action. Although the Plaintiff eventually served the Defendant with the renewal action, Mr. Hammer and Mr. Cash argued that the Plaintiff's delay in...
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The Fall 2015 edition of Lueder, Larkin & Hunter's community association newsletter Community Matters is now available! Community Matters is published on a quarterly basis, and if you would like hard copies, we can make those available for you as well. This edition features several helpful articles on the following topics: Helping communities prepare for upcoming Annual Meetings (by David C. Boy, IV); the tricky subject of computing interest on assessments (by Evan Conroy); who is liable...
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Jason W. Hammer and Blair J. Cash recently obtained summary judgment for an insurer in the State Court of Cobb County. The case arose out of a motor vehicle accident that occurred on December 3, 2012. The Plaintiff incurred over $30,000 in past medical expenses related to this accident. Our firm represented plaintiff's purported underinsured motorist carrier, who Plaintiff served in an attempt to collect benefits under her UM coverage. However, Plaintiff failed to timely notify the insurer of...
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Defense Verdict - Blair Cash and Jason Hammer successfully defended their insurance company client during a jury trial in the State Court of Fulton County. The Defendant's liability insurer paid its policy limits of $25,000.00 before suit was filed and our firm represented Plaintiff's underinsured motorist carrier. The Defendant rear-ended the Plaintiff at a high rate of speed, totaling both vehicles involved in the accident, and pled guilty to DUI, fleeing the scene, and child...
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