Jay O’Brien obtained summary judgment on behalf of his insurance company client in DeKalb County.  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.

Jay O'Brien prevailed on a motion to dismiss with prejudice in favor of an employee and the owner/operator of a residential reentry facility, or halfway house, that provides services to inmates that are transitioning from a federal correctional facility back to society.  The Plaintiff, one of the residents assigned to the facility, alleged that he was forced by the Defendants to register as a sex offender with the Fulton County Sheriff’s Department, despite Plaintiff’s understanding that there was no such requirement that he register as a sex offender.  Plaintiff alleged that he eventually registered as a sex offender, but it was determined three weeks later by the Georgia Bureau of Investigation, that Plaintiff was not a sex offender, so his name was removed from the list.  Plaintiff alleged that his name continued to be listed on internet sites as a registered sex offender. The initial lawsuit was filed in 2015, and alleged defamation.  The lawsuit was later dismissed without prejudice, but then re-filed within the six month period permitted by the Georgia renewal statute.  After the suit was re-filed, Plaintiff failed to timely serve the corporate defendant with process until 87 days after re-filing his lawsuit; and he never served the employee.  A motion to dismiss was filed on the grounds that the claims were barred by the statute of limitation because Plaintiff failed to exercise due diligence in perfecting service of process in a timely manner on the Defendants.  After the motion to dismiss was filed, in an effort to avoid the statute of limitation bar, Plaintiff amended his complaint to allege that the defamation was a continuing tort, as he was still listed on the internet as a sex offender, and therefore, the statute had not yet started to run.  The judge agreed with the Defendants and granted the dismissal with prejudice.

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

Jay O’Brien obtained summary judgment in Fulton County in favor of the owner/operators of a residential reentry facility, or halfway house, that provides services to inmates that are transitioning from a federal correctional facility back to society.  One of the residents absconded from the facility two weeks after his placement by the United States Probation Office.  The resident was later involved in a failed kidnap for ransom scheme that ended with two victims being executed, one of which was seven months pregnant.  Wrongful death and estate claims were asserted on behalf of one of the deceased.  Plaintiffs alleged that the Defendants were negligent in that they failed to supervise the resident, failed to monitor his location and movement, and failed to prevent him from “escaping” from the facility.  Plaintiffs also alleged punitive damages.  Defendants argued (1) they did not owe a duty to the victim; and (2) Plaintiffs failed to establish proximate cause because the intervening criminal act was not foreseeable.  The Court agreed and granted the Defendants’ motion.

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

Jay O’Brien and Quinn Bennett obtained a defense verdict in a heavily contested premises liability case on behalf of their two clients, a condominium association and property management company.  Plaintiff alleged that as she was walking through the parking lot at the condominium, she fell into a large hole in front of a storm drain, all the way down to the middle of her chest.  As a result, Plaintiff claimed injuries to her knee and a shoulder rotator cuff tear that ultimately required surgery.  Plaintiff’s medical bills were in excess of $100,000.00.  Plaintiff asked the Jury for her medical bills and an additional $485,000.00 for pain and suffering.  The jury deliberated for less than an hour before returning a defense verdict.

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.