Martin A. Levinson

Biography

Martin Levinson represents businesses and individuals in various types of liability defense and litigation, including premises liability, product liability, trucking and transportation law, general property and casualty liability, and insurance and bad faith litigation. Martin handles matters in all phases of the litigation process, including advising clients on litigation avoidance, pre-suit liability and/or coverage analysis, handling matters in active litigation, mediation and settlement, trial, and appeals.

Martin advises and represents individuals and businesses of all types and sizes, ranging from international food and beverage manufacturers, electronics and medical equipment manufacturers, and nationwide trucking and logistics companies to individuals and small business owners faced with litigation or other legal concerns.

Martin strongly believes that obtaining the best outcome for his client in any case requires flexibility, strategic analysis, and creativity.  In every case, Martin's primary focus is to obtain the best possible result for his client by examining the issue or case critically and then presenting the client with available options so that the client can make the right choice for that particular client in that particular matter.

Professional Expertise

Premises Liability

Martin vigorously defends businesses and individuals in all manner of premises liability litigation, including slip-and-fall cases, negligent security cases, claims for third-party criminal conduct, and claims alleging false imprisonment. Selected results in premises liability matters include:

  • Obtained summary judgment in favor of owner of mobile home park in case where plaintiff slipped and fell on ice on our client's premises and claimed nearly $100,000 in medical expenses
  • Obtained dismissal of negligent security/premises liability wrongful death action in which plaintiff sought to recover for accidental shooting death of plaintiff's son on defendant's property
  • Obtained summary judgment in favor of store owner in case alleging false imprisonment, assault, and other claims alleging from alleged wrongful detention of store patron by security guard
  • Settled negligent security/premises liability action for assault/robbery in parking lot for approximately one-fourth of plaintiff's claimed special damages
  • Reached nominal settlement in premises liability wrongful death action by establishing both that premises owner did not have actual or constructive knowledge of defect and that plaintiff's death was not proximately caused by incident
  • Obtained dismissal of premises liability action against proprietor of medical facility for alleged liability pertaining to handicapped access ramp

Product Liability & Food Safety Cases

Martin represents businesses in cases alleging the manufacture and/or sale of defective products ranging from commercial equipment and machinery to food and drink products.

  • Obtained summary judgment in two product liability and negligence cases against manufacturer where plaintiff alleged that subject chips contained mold and that plaintiffs, including minor child, suffered from food poisoning after consuming the chips
  • Reached settlement for nominal amount in case where plaintiff alleged that defendant's product contained a foreign, metal object that caused damage to plaintiff's teeth and required significant dental work
  • Obtained summary judgment in favor of manufacturer of ground beef, where plaintiff alleged that ground beef contained pieces of glass, one of which caused plaintiff to break her tooth
  • Obtained summary judgment on behalf of commercial equipment broker in suit brought by major chewing gum manufacturer alleging defect in piece of commercial equipment and claiming over $1,000,000 in damages

Trucking & Transportation

Martin advises and represents trucking and transportation companies in commercial disputes and personal injury lawsuits, including cases involving severe injury, alleged wrongful death, and claims for punitive damages.

  • Handled defense/investigation of more than 50 transportation cases of all types involving numerous types of commercial vehicles, including tractor-trailers, box/straight trucks, ambulances, nonemergency medical transport vehicles, commercial buses and vans, and construction vehicles
  • Obtained favorable settlement for motor carrier in suit involving serious injuries, alleged failure to properly maintain carrier's commercial vehicles, and multiple alleged violations of Federal Motor Carrier Safety Regulations (FMCSR)
  • Obtained favorable settlements for non-emergency medical transport carriers in cases alleging serious injury resulting from failure to properly assist disabled passengers and/or to install appropriate restraints for wheelchair-bound patients

General Negligence, Intentional Torts, and Environmental Torts
Martin has handled numerous other matters involving all types of negligence and other torts, including all manner of different types of property and casualty claims.  Among other sub-specialties, Martin has successfully defended numerous persons and entities against claims involving alleged water deviation, runoff, sedimentation, and pollution damage.

  • Obtained complete defense verdict on plaintiffs' nuisance and trespass claims as well as $250,500 verdict in favor of defendants on their counterclaims for intentional torts, attorney's fees, and punitive damages in case between neighboring property owners
  • Obtained partial summary judgment on some of plaintiffs' property damage and intentional tort claims and reached nominal settlement on remainder of claims in case between neighboring property owners involving alleged nuisance, trespass, property damage, and other torts arising from alleged water diversion and sedimentation
  • Obtained dismissal of case alleging trespass, nuisance, and property damage for alleged pollution of lake by neighboring property owner
  • Induced nominal settlement (while motion for summary judgment was pending) in case against homeowner's association alleging sedimentation, property damage, and fraud and seeking over $1 million in damages
  • Obtained dismissal with prejudice of slander and libel claims asserted against attorney relating to negative comments posted on internet websites about plaintiff company
  • Obtained summary judgment in favor of occupier of property, and successfully defended same on appeal, in suit where worker sued to recover for paraplegia and other injuries allegedly resulting from worker's fall from ladder

Business Litigation

Martin represents and advises businesses in various types of litigation, including contract disputes, indemnity claims, major property damage claims, employment discrimination claims, and general liability matters.

  • Obtained summary judgment in favor of client in business dispute alleging conversion of over $400,000 in merchandise
  • Obtained summary judgment in favor of major textile manufacturer in wrongful death/contractual indemnity case
  • Obtained summary judgment in favor of employment agency in employment discrimination lawsuit brought by former employee
  • Defeated seller's motion summary judgment and obtained favorable settlement in suit brought on behalf of real estate developer/purchaser for fraud and misrepresentation by seller in commercial land transaction

Bad Faith & Insurance Coverage

Martin analyzes, evaluates, and advises clients on issues relating to insurance coverage disputes and bad faith, including representing insurance carriers in declaratory judgment and bad faith actions.

  • Greatly limited insurer's potential liability and eliminated any potential for bad faith claim by settling coverage matter in case involving multi-million dollar potential liability for serious bodily injury across several insurance policies for a fraction of total policy limits
  • Obtained dismissal of bad faith action against insurer seeking remuneration for total fire loss to alleged insured's house
  • Advised numerous insurers on applicability of various policy coverages and exclusions in policies of all types, including commercial general liability (CGL) policies, special-purpose business liability policies, homeowner's policies, personal and commercial automobile insurance policies, and umbrella insurance policies

Construction Defect, Property Damage, and Casualty Claims

Martin also represents clients in cases involving alleged construction defects and other property damage, including large scale casualty losses resulting from numerous sources such as fire, hail, and/or water damage.

  • Obtained favorable settlement for client in claim alleging defective installation of stucco and other finishes throughout large condominium and seeking several million dollars in damages
  • Obtained dismissal of claim against pool contractor in case alleging defective construction of pool and pool surround area for major townhouse/condominium development
  • Obtained favorable settlement of subrogation case seeking more than $1 million in damages resulting from fire damaging multiple apartment units allegedly caused by insured's subtenant

Services

Education

  • University of Georgia School of Law  (J.D., cum laude, 2004)
    • Editorial Board, Journal of Intellectual Property Law
    • Prosecutorial Clinic (Office of the Solicitor-General, Gwinnett County)
    • Senator, Student Bar Association
  • University of Georgia  (B.A., 2001)

Bar Admissions

  • Georgia

Courts

  • Supreme Court of Georgia
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Middle District of Georgia
  • U.S. District Court for the Southern District of Georgia

Professional Affiliations

  • State Bar of Georgia
    • Legislative Advisory Committee (2015-2016)
  • Atlanta Bar Association
    • Commissioner, Atlanta Bar Competitive Softball League
  • DeKalb Bar Association
  • Georgia Defense Lawyers Association (GDLA)
    • Board of Directors (2015-present)
    • Chair, Amicus Curiae Brief Committee (2015-present)
    • Chair, Premises Liability SLC (2013-2015)
    • Vice Chair, Premises Liability Section (2011-2013)
  • DRI
  • Claims and Litigation Management Alliance
  • Professional Liability Underwriting Society

Honors

  • President's Award, Georgia Defense Lawyers Association (2017)
  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  • Super Lawyer "Rising Star," Super Lawyers Magazine (2011, 2013-2019)
  • Super Lawyer, Super Lawyers Magazine (2020)
  • Top Rated Lawyer in ‘Insurance Law,’ American Lawyer Media and Martindale-Hubbell (2013)

Trials

  • Morgan v. Douglas Asphalt and Ellis,  State Court of Coffee County
  • Berry v. Ramsey, Superior Court of Fulton County
  • Kohler v. Van Peteghem, Superior Court of Forsyth County
  • Piper v. Pritchard Industries, State Court of Fulton County
  • Mulligan v. Marshalls, U.S. District Court for the Northern District of Georgia
  • Hunt v. Collins, State Court of Fulton County

Presentations

  • “Lead in Drinking Water: Should You be Worried?” CLM Southeast Conference, Atlanta, GA (November 2018)
  • "New Perspectives on Apportionment: From Georgia Courts and Beyond," Georgia Defense Lawyers Association Annual Meeting, Palm Coast, FL (June 2018)
  • "Amicus Program Update," Georgia Defense Lawyers Association Annual Meeting, W. Palm Beach, FL (June 2017)
  • "GDLA Amicus Filings Update," Georgia Defense Lawyers Association Annual Meeting, Amelia Island, FL (June 2016)
  • "Federal vs. State Court: Key Differences, Practice Pointers, and Tips for Georgia Litigators," ICLE Trial & Error, Atlanta, GA (March 2015)
  • "Managing Complex Liability Insurance Claims," 2015 Atlanta RIMS Educational Conference, Atlanta, GA (February 2015)
  • "Negotiation Strategies for Claims Professionals," CLM Continuing Education Course, Zurich American Insurance, Chicago, IL (October 2014)
  • “Who’s in Charge Here? Dealing with Difficulties thatArise Between Insurer and Insures as the Value of a Case Nears the Insured’sSIR,” CLM Transportation Conference, Chicago, IL (July 2014)
  • "Deal or No Deal?  Mutuality, Timing, and OtherIssues Involved in Acceptance & Rejection of Settlement Offers &Demands,” Georgia Defense Lawyers Association Annual Meeting, Ponte Vedra, FL (June 2014)
  • "Settlement Offers and Negotiations: Pitfalls, Pointers and Recent Developments," CLM Georgia Event, Atlanta, GA (February 2014)
  • "Transportation Claims:  How to Investigate, Defend, and Resolve," CLM Continuing Education Course, RLI Insurance, Atlanta, GA (December 2013)
  • "Assessing and Addressing Insurance Fraud in the Claims Environment," CLM Continuing Education Course, Zurich American Insurance, Chicago, IL (October 2013)
  • "Advanced Strategies for Success in Mediation," CLM Continuing Education Course, Swiss Re America, Chicago, IL (June 2013)
  • "Advanced Strategies for Success in Mediation," CLM Continuing Education Course, Kemper Insurance, Charlotte, NC (February 2013)
  • “Premises Liability: Emerging Trends and a Return to theBasics?” Georgia Defense Lawyers Association CLE, Atlanta, GA (2012)