Jay O'Brien obtained summary judgment in federal court on behalf of a property management company in a case involving an allegation that a tenant of an apartment building was bitten by snakes that infested her apartment.  Plaintiff alleged that after being bitten her organs failed and she almost died.  Utilizing a medical expert Jay was able to establish that there was no evidence that a snake could cause the injuries alleged, or that a snake did, in fact, cause the type of injuries alleged by Plaintiff.  Because Plaintiff was not able to establish causation, the court granted summary judgment.  Plaintiff was seeking in excess of $10,000,000.00 for her damages.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

On August 14, 2020, Jay O’Brien obtained summary judgment on behalf of the owner and manager of a mobile home community.  Plaintiff filed a lawsuit after she tripped and fell on two separate occasions over a concrete slab on the property adjacent to her mobile home.  She sustained significant facial injuries, as well as injuries to her neck and back, and claimed in excess of $100,000.00.  Plaintiff contended that Defendants allowed a hazardous condition to exist for many years on the premises despite her complaints and assurances it would be removed.  The Court held that because the concrete slab was not on her property she did not need to walk upon it for ingress to, or egress from, her home.  Despite that, she continued walking over the slab on multiple occasions, including the same areas where she fell.  Because Plaintiff had equal knowledge of any hazardous conditions posed by the concrete slab, Defendants were entitled to summary judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay O’Brien recently won summary judgment in favor of two national home security companies.  Plaintiff alleged that he suffered damages as a result of Defendants’ negligence and breach of contract after his home was burglarized, resulting in over $50,000.00 worth of personal property being stolen.  The contact included a one-year limitation clause requiring all actions be brought within one year of the complained of incident.  Plaintiff waited almost three years to file his lawsuit.  Pursuant to the one year contractual limitation, the Court granted summary judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay M. O’Brien and team obtained a defense verdict for their inflatable amusement rental company client after a three day trial in Cobb County.  The case involved a minor that was ejected from an inflatable obstacle course which was rented for a community event.  The minor was seriously injured and the case involved some horrible facts and significant exposure.  Plaintiffs argued that the inflatable rental company failed to follow industry standards and a number of rules and regulations applicable to the inflatable industry, causing the incident and injuries. Jay put together a formidable defense and arguments that helped convince the jury to make the correct decision in a very difficult case.  A defense verdict was obtained after just over an hour of deliberations.  The last demand prior to trial was $1 million.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay O’Brien obtained summary judgment on behalf of a property owner and management company in a heavily contested slip and fall case.  Plaintiff slipped and fell as he was walking back to his apartment on the only cement walkway that led to his apartment.  Plaintiff alleged that the walkway was covered in mud and water, a problem which he testified that he and others had previously reported to the owner and manager, but that they failed to repair.  Jay argued that there was an alternate route leading to the apartment which should have been considered, and that Plaintiff failed to exercise ordinary care for his own safety.  The court granted the summary judgment motion after oral argument.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay O’Brien obtained a defense verdict in DeKalb County for a limousine company and its driver.  Plaintiff filed his lawsuit alleging injuries to his neck and back as a result of a motor vehicle accident that took place while he was being transported by a limousine from a concert.  Plaintiff alleged that the driver was intoxicated and caused the accident as a result.  Defendants denied liability and disputed damages.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay O’Brien obtained summary judgment on behalf of his insurance company client in DeKalb County.  The plaintiff, in that case, filed suit seeking in excess of $6 million, plus punitive damages.  He made allegations of misconduct against the attorneys, law firms, and insurance companies involved in a personal injury action he filed.  In the motion, Jay argued that the insurance company was not the employer of the attorneys, and it was not vicariously liable for the actions of the attorneys that handled the personal injury litigation.  The Court agreed and granted summary judgment.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Jay O’Brien obtained summary judgment on behalf of a social service agency that serves low-income individuals in the metro Atlanta area.  Plaintiff filed her lawsuit alleging she was injured while going through a revolving door at the entrance to the building where the defendant was a tenant.  Jay argued in the motion that Defendant owed no duty to Plaintiff because it did not own, operate or manage the area where Plaintiff alleges she was injured.  The Court agreed, granting the motion.

For informational purposes only. Past success does not indicate the likelihood of success in future cases.

Carlock, Copeland & Stair, LLP welcomes two new attorneys to their Atlanta offices. Jay M. O’Brien has joined Carlock, Copeland & Stair LLP as Of Counsel attorney. His litigation practice is focused primarily in General Liability, Premises Liability, and Trucking and Transportation. Jay regularly defends clients in cases involving serious injuries, wrongful death, and property damage. His experience includes matters involving premises liability, toxic torts, aviation, trucking, products liability, pharmaceuticals, construction, and insurance coverage disputes. Prior to joining Carlock, Copeland & Stair, LLP, Jay worked for a litigation firm in Atlanta defending airlines, major national retailers, trucking companies, and individual defendants in both state and federal courts. Jay regularly practices in all Georgia and Florida State Courts, the United States Court of Appeals, Eleventh Circuit, and the United States District Court for the Northern, Middle, and Southern Districts of Georgia. Jay earned his Juris Doctor degree, magna cum laude, from Nova Southeastern University in Fort Lauderdale, Florida in 2005. In law school, he was a member of both the Law Review and Moot Court. Jay is a member of the State Bar of Georgia and The Florida Bar. He earned his B.A. in Economics from Hobart College in 2002. Jay has been named on Georgia Super Lawyers Rising Stars® list for 2014-2017 in the area of personal injury defense, an honor awarded to less than 2.5 percent of Georgia attorneys. Marvis L. Jenkins has joined Carlock, Copeland & Stair LLP as Of Counsel attorney. His practice focuses on General Liability, Commercial Litigation and Transportation law.  Most recently, Marvis has represented a wide variety of clients in the transportation industry including commercial motor vehicle companies and motor carriers, their drivers, specialty haulers, bus lines and motor coaches, automobile dealerships, emergency and non-emergency transportation providers, and their insurers.  Marvis has extensive case management, dispute resolution and writing experience and confidently guides his clients through all phases of litigation. Prior to joining Carlock, Copeland, Marvis worked at another well-respected insurance defense firm in the Atlanta area, after moving from the Birmingham, Alabama area.  In Alabama, Marvis also practiced defense litigation and maintains his license to practice there. He is a member of the Alabama Bar Association, American Bankruptcy Institute, American Bar Association, Birmingham MS Leadership Class of 2013, Defense Research Institute, Georgia Defense Lawyers Association, State Bar of Georgia, North Fulton Bar Association, DeKalb Bar Association, and was formerly treasurer of the Magic City Bar Association. Jenkins received his law degree from Nova Southern University’s Shepard Broad Law Center where he served as a member of the Moot Court Society and staff member of the International Citator Research Journal. He earned his bachelor’s degree from Clemson University. Please click here to read Press Release.