Kimberly Sheridan

Verdicts and Dispositions Gwinnett County Defense Verdict Kimberly Sheridan and Dylan Annis (Atlanta, GA) (Fraud/Gross Negligence) obtained a Defense Verdict on behalf of their client, a laser academy, in a bench trial in Gwinnett County, Georgia. Plaintiff set forth claims of fraud and gross negligent torts arising from her experience at a local advanced laser technology academy. The case proceeded to a bench trial at which point the Plaintiff further alleged she was assaulted and included additional breach of contract claims. Ultimately, the Judge felt the Plaintiff did not meet her burden of proof and entered a verdict in favor of the Defendant. Doris Rivers v. S&W Services of Atlanta, Inc. Kimberly Sheridan and Dylan Annis (Atlanta, GA) (Premises Liability/Negligent Security) obtained Summary Judgment in Dekalb County, Georgia. Plaintiff alleged she tripped and fell on an unidentified wire or clothes hanger in a tow yard and impound lot. Plaintiff filed suit on a theory of premises liability and negligent security. Defendant filed its Motion for Summary Judgement on the grounds (1) Plaintiff failed to establish a hazard existed because she could not identify what caused her fall; (2) Plaintiff failed to show Defendant had actual or constructive knowledge of this alleged hazard; (3) Plaintiff assumed the risk of injury when she walked by several posted signs warning to watch about when walking and caution; and (4) Plaintiff provided no evidence of any criminal conduct giving rise to a claim for negligent security. Plaintiff opposed Defendants motion arguing that Defendant had constructive knowledge of the hazard because an unidentified employee was seen on a tractor driving around the tow yard picking up trash, Defendants inspection checks and guidelines were not documented, and the warning signs did not state that there was a presence of wires on the ground. At oral argument, Defendant established that actual knowledge was undisputed and there was a lack of evidence the alleged employee was in the immediate vicinity of Plaintiffs fall. Defendant further established that Plaintiff did not allege that Defendants inspection procedures were not reasonable or properly carried out. Defendant also provided evidence that Plaintiff acknowledged she was warned before entering the tow yard and proceeding at her own risk. Ultimately the Court agreed with the Defense and entered Summary Judgment in its favor. Brittney Slade v. Eric Branam and Lori Branam Kimberly Sheridan, Michael Becker and law clerk, Turner LaFiandra-McCall (Atlanta, GA) (Premises Liability) obtained Summary Judgment in the State Court of Hall County, Georgia. Plaintiff fell down Defendants stairs and alleged that the stairs posed a hazard. The Plaintiff filed suit on a premises liability theory, claiming that she sustained injuries after falling down the stairs at Defendants Airbnb rental. In her deposition, Plaintiff stated that she took off her shoes and socks and walked up the stairs barefoot after entering the house, admitting they she placed her feet on each step and looked at the steps while walking up them with her luggage. When descending the stairs, Plaintiff did not use the handrail, lost her footing approximately halfway down and fell. Plaintiff alleged that the stairs were a static hazardous condition in that they were too steep and not compliant with building codes, alleging in her complaint only that there was ...a dangerous condition (to wit: unsafe stairs). Plaintiff also paid an expert to inspect the stairs and draft a report. First, the Defense argued that that Plaintiff was on notice of any alleged hazard because she traversed the stairs prior to her fall. Second, the Defense argued that the Plaintiff could not maintain her claim because there was no evidence the Defendants had knowledge of an alleged hazard. Third, the Defense argued that there was no competent evidence on whether a hazard existed. Last, the Defense argued that an alleged hazard was open and obvious to the Plaintiff. There is no duty to warn of the obvious. The court granted the motion and entered Judgment in favor of the Defense. Jane Doe v. Stablegold Hospitality, LLC, Affordable Hotel, LLC, and Taurus Protection Agency, LLCMichael Becker and Kimberly Sheridan (Atlanta, GA) (Premises Liability/Negligent Security) obtained a Dismissal in the State Court of DeKalb County. Plaintiff was assaulted outside of a hotel and her room was robbed. The Defense argued that there was no evidence of Plaintiffs room being robbed because Plaintiff was unconscious at the alleged time, that Plaintiffs security expert affidavit was based on uncertified or unsworn police reports that were not produced, and that the same affidavit failed to show proximate cause because it only contained summary legal conclusions about foreseeability rather than examining any role of the defendants security failures. The Defense also pointed out that Plaintiffs other expert affidavit only spoke to how Plaintiffs memory could be affected by trauma, which impermissibly served as an expert opinion on how credible the Plaintiff was. Last, the Defense argued that even if improvements were made that it would not have prevented the acts, pointing out that Plaintiff forgetting to lock her door or her invitation of the perpetrators inside were equally (if not more) likely to be the case with what little evidence the Plaintiff presented. The only evidence the jury would have considered would be impermissible speculation regarding security failures. The court granted the motion and entered judgment in favor of the Defense. Quran Abdul Khaliq v. Office Depot Michael Becker and Kimberly Sheridan (Atlanta, GA) (Premises Liability/Slip and Fall) obtained a Dismissal in Federal Court. Plaintiff Quran Abdul Khaliq filed suit for injuries allegedly sustained in a slip and fall at Office Depot. She alleged a concussion, alleged a brain injury, and injuries to her teeth and knee and claimed damages for lost income, medical expenses, and pain and suffering. Plaintiff filed suit shortly before the statute of limitations and failed to correctly serve the complaint until after it expired. After removing to federal court, the Defense filed a motion to dismiss based on defective service and the statute of limitations. The Court granted the motion and entered judgment in favor of the Defense. George Nelson vs Bonefish Grill LLCKimberly Sheridan (Atlanta, GA) (Premises Liability) recently obtained a Motion for Summary Judgment for Bonefish Grill. The Plaintiff filed suit on a premises liability theory, claiming he sustained back, shoulder, elbow and head injuries following a fall on his way to the bathroom at Bonefish Grill. We deposed the Plaintiff and filed a Motion for Summary Judgment based on his testimony. Specifically, he testified he noticed the restaurant floors were shiny and slick on his way into the restaurant and when he got up from his booth to go to the bathroom, he noticed again they were shiny and slick. We argued in our motion that if a hazardous condition existed, Plaintiff had equal knowledge of it and was thus, precluded from recovery under Georgia law. We further argued that if there was any hazard, Plaintiff assumed the risk when he continued to walk on the floor. Under Georgia law, a plaintiff who voluntarily exposes himself to the risk has failed to exercise ordinary care for his safety and cannot recover. The Judge agreed and granted Bonefish Grill Summary Judgement on all counts in the Complaint. Smith v. Cornelius, et. al. Kimberly Sheridan and Michael Becker (Atlanta, GA) (Commercial Auto) obtained Summary Judgment for an employer in a commercial automobile claim. Following a serious motor vehicle accident, Plaintiff/passenger Kelsey Smith filed a lawsuit against the driver of her vehicle, Keegan Lenderman, and the driver of the other involved vehicle, George Cornelius. Smith and Lenderman both alleged significant injuries in the crash. Plaintiff also sued, and Lenderman likewise crossclaimed against Elite Comfort Solutions, which they alleged employed Cornelius at the time of the accident. Discovery revealed that Elite retained Mr. Cornelius, an Illinois attorney, to be their outside general counsel as an independent contractor. At the close of discovery counsel moved for Summary Judgment arguing that Mr. Cornelius was not their employee but rather an independent contractor, and therefore Elite was not responsible for his conduct under a vicarious liability theory. Following extensive briefing and oral arguments, Judge Shawn Bratton concluded that Cornelius was not Elites employee as clearly set out in his retainer agreement and granted Elites motion for Summary Judgment. Plaintiff and crossclaim plaintiff did not appeal. Cooks v. Holt, et. al. Kimberly Sheridan and Michael Becker (Atlanta, GA) (Commercial Auto) obtained a Dismissal for youth group Young Life in a bus crash case. Plaintiff Medgar Cooks was driving Young Life Campers in a chartered bus when it broke down. His chartering company sent a relief driver from a separate bus chartering company, Travis Holt, who picked up Plaintiff and the campers and drove them to Young Lifes camp in Jasper, Georgia. After unloading the campers, Holt crashed the bus with Plaintiff inside as a passenger, allegedly causing him injuries. Plaintiff sued Young Life on the theory that Holt was its employee and/or agent. However, counsels investigation revealed that Young Lifes relationship to all of the other parties in the case was that of an independent contractor, and Holt was an independent contractor of another independent contractor, further insulating Young Life from liability. Counsel sent to the plaintiff a frivolous and abusive litigation warning threatening to seek damages and fees if the Complaint was not dismissed within 30 days. Counsel simultaneously sent a statutory offer of settlement pursuant to O. C. G. A. 9-11-68 in the amount of $50.00; and filed a motion to dismiss for failure to state a claim upon which relief could be granted. Thanks to an aggressive up-front defense, Plaintiff opted to dismiss his case against Young Life voluntarily rather than risk an award of attorneys fees and expenses under O. C. G. A. 9-11-68 or a subsequent abusive litigation suit. Siegel v. Segal Kimberly Sheridan and Michael Becker (Atlanta, GA) (Premises Liability) obtained a Dismissal for homeowner Katherine Segal in a dog-bite case. According to the allegations of Plaintiff Siegels complaint, Ms. Segal re-homed her dog, Scout, to a new owner, Kristina Thrower. Five months later, Plaintiff Siegel was visiting Throwers home when Scout allegedly bit her in the face, allegedly causing injuries and scarring. Plaintiff Siegel sued Scouts former owner, Defendant Segal, on a dog-bite/failure to warn theory. Counsel filed a motion to dismiss for failure to state a claim upon which relief could be granted. Counsel argued that under O. C. G. A. 51-2-7, which governs liability for owners or keepers of dogs, liability lies only against the current owner or keeper of a dog, not against former owners or keepers. Rather than respond to the motion, Plaintiff dismissed her lawsuit. Plaintiff did not renew the suit and the dismissal is therefore final Dycus v. Member Select Insurance Company Kimberly Sheridan and Michael Becker (Atlanta, GA) (Commercial Auto/Coverage) obtained Dismissal of a direct action against Member Select Insurance Company in a commercial motor vehicle claim. Plaintiff alleged he was injured by Reverend Gaines, who was returning from a religious conference and pulling a trailer of parishioners luggage and insured by an MSIC personal lines policy. Plaintiff alleged that because his vehicle and trailer together exceeded 10,000 pounds, and because he was operating his vehicle for hire, Rev. Gaines was a motor carrier and filed a direct action against MSIC. Plaintiff refused a tender of the policy limits, opting instead to advance a novel theory that MSIC should have known that their insured would be, at times, a motor carrier and therefore should have sold him a commercial liability auto policy with the statutorily required limits rather than a personal lines policy. Following discovery counsel moved for summary judgment arguing that if Rev. Gaines was for hire, coverage was wholly excluded by the business use exclusion in his personal lines policy; alternatively, if he was not for hire, then he did not meet the statutory definition of a motor carrier and therefore a direct action against MSIC was not authorized by law. Faced with committing to either position, Plaintiff dismissed MSIC. Areas Of Practice American with Disability Act Claims (A. D. A)Appellate Practice Automobile Liability (PIP/PD/BI/UM)Bad Faith/Extra Contractual Litigation Civil Litigation Condominium and Homeowners Association Litigation Coverage & Declaratory Judgment Actions Cyber Security & Data Privacy Director & Officer Liability (D&O)Employment Law/Employment Litigation First and Third Party Property and Casualty Claims Government Law Labor and Employment Law Liability Defense Mediation and Alternative Dispute Resolution Medical Malpractice Premises Liability Product Liability Professional Liability/E & OSIU/Suspicious & Fraudulent Claims Trucking Uninsured/Underinsured Motorist Liability Wrongful Death Bar & Court Admission Georgia Bar U. S. District Courts for the Northern District U. S. District Courts for the Middle District Courts of Georgia U. S. District Court of Appeals of Georgia Supreme Court of Georgia Education Graduate: The University of Georgia School of Law, J. D., cum laude Honors: Notes Editor, Journal of Intellectual Property Law Undergraduate: University of Georgia, B. A. in Political Science and English Memberships Georgia Bar Association Georgia Defense Lawyers Associations American Bar Association Reported Decisions State v. Williams, 225 Ga. App. 736 (1997) Hicks v. State, 231 Ga. App. 552 (1998) Outside the Box Innovations, LLC v. Travel Caddy, Inc., 2006 U. S. Dist. LEXIS 100640, (N. D. Ga 2006) Outside the Box Innovations, LLC v. Travel Caddy, Inc., 455 F. Supp. 2d 1374 (N. D. Ga 2007)