Archive for Business Law

Atlanta civil care home vs. Georgia state agencies

Saturday, December 6th, 2008

Attorney: George Weaver
Representing: Defendant: GA dept of Medical Assistance, GA dept of HR,
Carol McGuffy, McIntosh Trail Management
Date of Verdict: April 2003
Verdict: Defendant was NOT liable for the approximate $1,000,000 in lost profits and attorneys fees

Case Summary
Smith’s Quality Care (Plaintiff) owned and operated a personal care home and had a contract with GA Department of Medical Assistance (Defendant #1) to house Medicaid patients.  The GA Department of Human Resources (Defendant #2) is responsible for monitoring and supervising the care that is given to Medicaid patients.  Carol McGuffy (Defendant #3) is president of McIntosh Trail Management (Defendant #4) which, locates homes for Medicaid patients.

A complaint was filed which accused corporation, Smith’s Quality Care (SQC) of having inadequate food and heat.  The investigation that followed resulted in SQC losing its Medicaid approval.  All Medicaid patients were relocated and the personal care home subsequently closed.

SQC alleged that there was a breach of contract because they were not afforded certain rights before having their Medicaid approval revoked.  Furthermore, they asserted that state agencies had denied them due process by failing to provide an adequate right to appeal the decision.  Lastly, SQC argued that McIntosh Trail Management and McGuffy had unlawfully interfered with their contract when the Medicaid patients were relocated.

All charges were denied by the respective defendants.  Specifically, the state agencies argued that SQC had indeed been given the right to appeal but did not properly exercise that right.  McGuffy and McIntosh Trail Management maintained that the decision to relocate the Medicaid patients was made by the state and they were merely following instructions.

After 1 hour and 30 minutes of deliberation, a Carroll County Superior Court jury returned a verdict for the defendants.

The owner of SQC also claimed defemation againsMcIntosh Trail Management and McGuffy in regard to the complaint of inadequate food and heat.  The verdict was again given in favor of the defendants.

sources: The Georgia Trial Reporter; Hollberg & Waver, LLP

If you have any questions or comments regarding this case, we encourage you to comment below.  If you need legal representation in a similar case, please contact Hollberg & Weaver, LLP.

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Your Atlanta Attorneys

Thursday, November 13th, 2008

As the premiere attorneys of Atlanta, Bill Hollberg and George Weaver are proud to announce the birth of the “Atlanta Attorney’s Blog.”  As you visit in the future, you’ll find a plethora of valuable resources.  One of the first projects will detail the results of some of Hollberg & Weaver’s past trial verdicts.  Before you choose Hollberg & Weaver as your corporate attorney, personal injury attorney, or for another area of representation in Atlanta… you’ll have the ability to research our past cases through an inside perspective.  The articles will be written in non-legal terminology so that anyone can understand and enjoy them… not just lawyers.

The “Atlanta Attorney’s Blog” will also include pertinent legal updates and resources.  If you’re concerned about potential legislation, we invite you to blog here and express your opinions to our attorneys.  We are honored to listen to the citizens of Atlanta, Georgia and believe in protecting and representing those who have been wrongfully taken advantage of.  We appreciate your support of Georgia and the legal system of the United States.  Please visit us frequently and feel free to contribute to this Atlanta community sponsored by Hollberg & Weaver.

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