Georgia Court of Appeals Upholds Grant of Summary Judgment In Favor of Atlanta Hospital
March 10, 2022 (Atlanta, GA) – Hawkins Parnell & Young partners David C. Marshall and Robert B. Gilbreath successfully upheld in the Georgia Court of Appeals a grant of summary judgment in favor of a major Atlanta hospital in an asbestos premises liability case. The plaintiff, Sinyard, was a union pipefitter who developed mesothelioma.
The case initially arose when Plaintiff claimed his disease was caused by asbestos exposure while working in facilities owned by three defendants. The trial court initially granted summary judgment to the hospital and both co-defendants - a public utility company and an automobile manufacturer. However, the court reversed the dismissal to the co-defendants, finding the plaintiff could proceed to trial against them exclusively. In a 46-page opinion, the court held that the plaintiff’s employer with whom the hospital had contracted had equal knowledge of any potential hazard and affirmed the trial court ruling dismissing the hospital.