PDF

Bovis Kyle attorney, Wayne S. Tartline, obtains reversal of trial court order

By April 2, 2013 Articles

Bovis Kyle attorney Wayne S. Tartline obtained a reversal of trial court order, resulting in the dismissal of a plaintiff's claims against a homeowner in excess of $300,000.00. The plaintiff was injured at the residence of the homeowner when the wooden deck upon which he was standing suddenly collapsed. The Gwinnett County Superior Court denied the homeowner's motion for summary judgment. However, the Georgia Court of Appeals reversed the trial court and determined that the case should not go to trial, but should be dismissed in its entirety without a trial as urged by Mr. Tartline. The Court of Appeals ruling was the final order, with the Georgia Supreme Court declining to review the case. After a long journey through the courts, Bovis Kyle's client had zero liability in this matter, despite the lawsuit which sought damages for broken bones and lost wages in an amount over $300,000.00. The case is Thomson v. Oursler (Court of Appeals A12A1316), decided on October 16, 2012.