[17] See Bailey, supra; Mead v. Sheffield, 278 Ga. 268, 269, 601 S.E.2d 99 (2004) (instructing that the word "shall" is generally construed as a word of command). Ambling Management Company in Atlanta, GA About Search Results Sort: Default All BBB Rated A+/A View all businesses that are OPEN 24 Hours 1. Fredric Gerr and Michael Atta of the Environmental and Occupational Medicine Consultation Clinic of the Emory Clinic to determine whether the residue in the apartment had caused her respiratory and LCH problems. Ambling Management peak revenue was $3.9M in 2021. Purdy contends that the trial court erred in directing a verdict against her on her claim for punitive damages under OCGA 51-12-5.1(b). The knowledge that a plaintiff who assumes a risk must subjectively possess is that of the specific, particular risk of harm associated with the activity or condition that proximately causes injury. 626, 629(2)(c), 487 S.E.2d 35 (1997). Multi-Family Housing > Conventional Housing; Affordable Housing; Independent Senior Housing; Property Listings; Development. The email address cannot be subscribed. Find up to date company insights for 'Ambling Management'. There was uncontroverted evidence that never before had there been a report of any person claiming to have been injured by prolonged PVA exposure. At trial, Ambling moved for a directed verdict on numerous grounds; the court granted the motion on the claim for punitive damages, denying it in all other respects; and the jury found in Purdy's favor. Cinseree Johnson is prohibited from, In April 2001, she underwent surgery to remove the mass, which was determined to be a lymph node with Langerhans Cell Histiocytosis (LCH). Ambling Management Company, LLC. AMBLING MANAGEMENT COMPANY, LLC was registered on Sep 23 2005 as a domestic limited liability company type with the address 348 ENTERPRISE DRIVE, VALDOSTA, GA, 31601. AMRLING PROPERTY INVESTMENTS LLC, member; Here, there was evidence that, until she received Medina's report weeks before she moved away from the apartment complex, *629 Purdy did not have actual knowledge of the danger and did not know of the specific, particular risk of harm associated with conditions within her apartment.[30]. This rating has been stable over the past 12 months. In a May 2002 medical report, he concluded that the node can be unequivocally related to PVA and that it is also logical that chronic exposure to airborne pollutants could unequivocally result in respiratory injury and immune suppression resulting in the history of chronic sinusitis and cough. Lieberman stated in a subsequent medical report concerning Purdy's respiratory and LCH conditions, [T]here are no other reasonable explanations to account for her upper airway injury and distress It is also more logical to conclude on the basis of temporality that whatever was causing the upper airway disturbance was also causing the proliferation of the submental lymph node It is therefore more certain than not that her body was reacting to the presence of the [PVA], OCGA 9-11-50(a) provides in pertinent part that (i)f there is no conflict in the evidence as to any material issue and the evidence introduced, with all reasonable deductions therefrom, shall demand a particular verdict, such verdict shall be directed. In determining whether any conflict in the evidence exists, the court must construe the evidence most favorably to the party opposing the motion for directed verdict. Georgia case law requires only that an expert state an opinion regarding proximate causation in terms stronger than that of medical possibility, i.e., reasonable medical probability or reasonable medical certainty.22. About a week thereafter, the pretrial order signed by counsel for each party was filed. v. Learn more about FindLaws newsletters, including our terms of use and privacy policy. She argues that Ambling's prolonged inaction evinced a conscious indifference to consequences. Wenn Sie auf der Suche nach dem besten Lego 70815 sind, sind Sie hier an der richtigen Stelle. "[7] Because unrebutted evidence showed that these plaintiffs had suspected that Chlordane was the cause of their alleged injuries more than two years before they filed suit, we affirmed the trial court's ruling that their personal injury claims were barred by the two-year limitation period of OCGA 9-3-33.[8]. (citations and punctuation omitted); see further Corp. of Mercer Univ. Kaplan v. Sanders, 237 Ga. 132, 133-134(1), 227 S.E.2d 38 (1976) (citations omitted). 248, 255, n. 2, 461 S.E.2d 877 (1995) (the appellate court will not defer to the trial judge's determination if there is any evidence whatsoever to support it; rather, the issue on appeal remains whether there is any evidence sufficient under the clear and convincing standard), rev'd on other grounds, Ford v. Uniroyal Goodrich Tire Co., 267 Ga. 226, 476 S.E.2d 565 (1996). Our Vision & Purpose; Company Overview & Experience; Build Community. 5. See id. It was founded in 1995 and is privately held. Purdy next consulted Dr. Allen Lieberman, an occupational and environmental physician, to determine whether there was a connection between PVA and her respiratory and LCH conditions. A06A1409, Ambling challenges the trial court's denial of its motion for a directed verdict on certain grounds. Travis E Box and Travis Edward Box are some of the alias or nicknames that Travis has used. Maria Purdy sued Ambling Management Company, the leasing agent and property manager of her apartment complex, alleging that its negligent maintenance of her apartment caused her personal injury and property damage. The entity's status is Active now. Write a review. In April 1998, Purdy was the first tenant to move into her particular unit within the complex. Several property managers promised Purdy that Ambling would respond to her problem, which promises might have diverted her focus from the hazard.28 But because Ambling did not stop the buildup, Purdy took it upon herself to determine its content and source. AnyLaw is the FREE and Friendly legal research service that gives you unlimited access to massive amounts of valuable legal data. In the Complaint, Plaintiff brings three claims: 1) invasion of Plaintiff's privacy 2) breach of contract, and 3) a violation of 18 U.S.C. [37] Accordingly, we find no error in the trial court's grant of Ambling's motion for a directed verdict on Purdy's claim for punitive damages. Legal Help If you have suffered damages in a similar taping and recording case, please fill in our form on the right to send your complaint to a lawyer to evaluate your claim at no cost or obligation. Start Your Free Trial [3] In that case, certain family members sued Gold Kist, alleging that it had sold one of them the toxic pesticide Chlordane Emulsifiable Concentrate ("Chlordane") for the wrongful purpose of killing roaches inside their house and that, upon such use, they had suffered personal injuries, among other things. 21 Apartments' operation manual states that "conducting a thorough background check prior to accepting an application for residency is critical and is policy." The oldest company is Village Green, founded in 1919. Construed to favor Purdy, the evidence did not mandate granting Ambling's motion on this ground. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Inspection Nr: 314808437: Investigation Nr: 200103729: Line Nr: Age: Sex : Nature of Injury: Electric Shock: Part of Body: Hand(S) Source of Injury: Elec Apparat/Wiring She immediately reported the problem to Ambling's property manager, who visited the apartment and told Purdy that the substance was possibly soot from somewhere. In April 1999, Purdy renewed her lease, but continued to complain about the worsening accumulation to the property manager, as she later did to about four subsequent property managers for Ambling. Ambling's reliance upon Thomason overlooks a critical distinction between that case and this one. 1:07-cv-00610-MPT District Judge Mary Pat Thynge, presiding No tags have been applied so far. [16] With respect to Lieberman's subsequent medical report, the record confirms that Ambling received it about six weeks prior to entry of the pretrial order. Therein, she also named Lieberman as the doctor who had examined her and advised her that the PVA had caused her alleged personal injury. And a source upon which Lieberman relied in opining that Purdy had been so injured was attacked as irrelevant by other expert medical testimony. Through her efforts, Purdy learned that burned particles containing PVA were being emitted from the heating unit. He reported that he "could not find a single case in the world's literature of . It was founded in 1995 and is privately held. [9] Everhart v. Rich's, Inc., 229 Ga. 798, 802(2), 194 S.E.2d 425 (1972); see Mears v. Gulfstream Aerospace Corp., 225 Ga.App. Contact us. About Ambling. 401, 402-403(2), 251 S.E.2d 330 (1978); Johnson v. Daniel, 135 Ga.App. Jackson, MS 39202. Purdy also testified that after moving to another residence, she continued to smoke and burn candles inside, but experienced no residue problems there. [13], 2. Reconsideration Denied December 15, 2006. 12. [35] Kaplan v. Sanders, 237 Ga. 132, 133-134(1), 227 S.E.2d 38 (1976) (citations omitted). She told him during his investigation that she had been the first tenant in the apartment and that soon after she moved in, black smudges formed on surfaces throughout the apartment. Several property managers promised Purdy that Ambling would respond to her problem, which promises might have diverted her focus from the hazard. Schacher opined that there was no connection between exposure to PVA and the development of LCH, disapproving of Lieberman's use of a particular article to reach his opinion otherwise. She summoned an assistant fire marshal to her apartment to investigate its sooty condition, as well as her heating unit. For reasons that follow, we affirm the trial court's judgment in both cases. Ambling points to Atta and Gerr's report finding no causal link between the two. Cyndi Johnson a.k.a. And in light of this evidence, the trial court properly denied Ambling's motion for a directed verdict on this ground, notwithstanding inconsistent or even contradictory evidence. Ambling asserts that, with knowledge that an unidentified substance was accumulating within her apartment, Purdy twice renewed her lease and later refused to respond to Ambling's offer of a new apartment. On the Friday preceding the Monday for trial, Ambling filed motions to exclude Medina's and Lieberman's opinions as inadmissible under OCGA 24-9-67.1. Ambling, an owner, operator and manager of affordable LIHTC, HUD, market-rate and senior apartment communities, has completed the $106 million sale of a 20 . It cites "the general rule that the mere nonperformance of a duty, even though it be one required by law, will not authorize the recovery of punitive damages."[35]. See generally Daniel v. Parkins, 200 Ga.App. at 501, 578 S.E.2d 862 (citations and punctuation omitted). Get a D&B Hoovers Free Trial. According to Medina, PVA is a common paint ingredient. , \A\ Au Val! In January 2001, Purdy hired a chemist, Augusto S. Medina, Ph.D., to determine the content and source of the substance. Vaughn v. Pleasent, 266 Ga. 862, 864(1), 471 S.E.2d 866 (1996) (punctuation and footnotes omitted); see FPI Atlanta, L.P. v. Seaton, 240 Ga.App. Printer Friendly View Address: 531 S Main St Ste ML1 Greenville, SC, 29601 . Ambling counters that Purdy presented a case, at most, for simple negligence. No transcript of a pretrial conference is in the record before us. Ambling Management Company, LLC * 1 Principals See who the company's key decision makers are Corporate Relations Get the big picture on a company's affiliates and who they do business with. He also took samples from the "thick wad" of black material he found inside a small gadget that Purdy had been using to filter air in her apartment. 880, 885(3), 524 S.E.2d 524 (1999). Therein, she also named Lieberman as the doctor who had examined her and advised her that the PVA had caused her alleged personal injury. She promptly announced to Ambling her plan to move from the complex. Sign up with Facebook or Sign up with email No tips and reviews Log in to leave a tip here. PURDY. [1] Skelton v. Skelton, 251 Ga. 631, 633(4), 308 S.E.2d 838 (1983) (citations omitted). 840 E River Pl. [4] The trial court granted Gold Kist summary judgment, finding that the plaintiffs had failed to timely file suit under the two-year statute of limitation within OCGA 9-3-33. [20] 276 Ga. 498, 578 S.E.2d 862 (2003). On appeal, these plaintiffs maintained that the two-year limitation period under that Code section did not begin to run *625 against them until they were diagnosed with symptoms consistent with Chlordane poisoning, which was about seven months prior to the filing of their action. In a January 22, 2001 report to Purdy, Medina concluded, The black smudges consist of residues of [PVA], and further, The black smudges came from a paint source, probably from the time the apartment was constructed paint fumes collected in the HVAC system and eventually burned in the heating system. He testified that this was the most probable scenario.. Ambling Management Company's Email Format (firstname)(l) johnd@amblingmanagementcompany.com (firstname) john@amblingmanagementcompany.com (firstname). 28. 875, 884-885(8)(a), 447 S.E.2d 302 (1994) (where evidence showed that vehicle manufacturer was aware of the problems inherent with placement of fuel tanks outside the frame on its full-size pickup trucks, which exposure could have been significantly reduced by application of a steel shield around the tank, or by using retaining straps with rounded edges, yet it did not implement such modifications because of economic considerations, such evidence of a knowing endangerment of all who may come in contact with one of the five million full-size pickup trucks still on the road, was sufficient to support an award of punitive damages); McWilliams v. Hayes, 190 Ga.App. Purdy testified, we thought it was mildew, and we just kept dealing with the mildew problem or the water problems. Purdy also asked Ambling to change air filters for the heating and air conditioning systems about every six months, which it did. [23] See id. 9 See similar companies for insight and prospecting. Verify your business to immediately update business information, track page views, and more! 246, 407 S.E.2d 472 (1991). Current . 17. It argues that Purdy's cause of action accrued in April or May 2000 and that because she did not file a lawsuit until June 2002, her case is time-barred. Purdy further attached to the complaint Lieberman's curriculum vitae and May 2002 medical report; and she expressly alerted Ambling in the complaint that she intended to tender these documents in evidence at trial pursuant to OCGA 24-3-18. 18. 21. See Everhart, supra; Mears, supra; compare Thomason, supra (no showing that continuing tort theory operated to toll the statute of limitation within two years of date suit was filed); King v. Seitzingers, Inc., 160 Ga.App. (a) To recover in a premises liability case, a plaintiff is required to prove, among other things, that "[she] lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the owner/occupier. Assuming without deciding that Zwiren, a medical malpractice case,[23] applies to premises liability cases, we find Ambling's contention without merit. Purdy's own testimony reveals that her repeated complaints to Ambling were about a supposed mildew problem in her apartment; that she had been dealing with the condition as a mildew problem; and that within about a week of receiving Purdy's complaint that the contamination was something other than mildew, Ambling offered her another apartment. 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