Kim M. Ruder Cases

Construction Litigation / Construction Defect
Premises Liability

Adam Appel and Kim Ruder defended an apartment complex in a wrongful death catastrophic construction site/premises liability lawsuit involving the tip over of a boom lift carrying two waterproofing contractors. Plaintiffs (in two separate lawsuits) alleged that the apartment complex maintained control of the work site and thus was responsible for ensuring that the work site was safe and that the use of the boom lift was appropriate for the work site. Appel and Ruder successfully obtained summary judgment in proving that the decedents’ employer was responsible to ensure a safe working environment and that the apartment complex had relinquished control to the contractors. Damages were claimed to be in the millions.

Construction Litigation / Construction Defect
Premises Liability

Kim Ruder defended a general contractor and its principal in a work site accident involving a fall from the top of a box truck. The plaintiff, while gathering equipment from the roof of a box truck sustained a fall to the ground, sustained significant injuries to his neck. He underwent a cervical fusion surgery at multiple levels and incurred medical expenses in excess of $350,000. Ruder and Appel successfully disposed of the lawsuit at the motions stage. Damages were claimed to exceed $1,000,000.

Automobile Liability And Trucking & Transporation Claims

Adam Appel and Kim Ruder defended a landscape company whose driver caused a three car rear-end accident with his commercial vehicle. The landscape company admitted liability and the case was tried over four and a half days. Plaintiff alleged that she sustained a shoulder injury which led to a recommendation for surgery 23 months after the accident. Prior to surgery, she had received ongoing medical attention from various doctors, including her primary care physician, an orthopedic surgeon and a pain management doctor, during which time she complained of pain in the periscapular area of her right shoulder. After 23 months of unresolved shoulder pain, she went to see another orthopedic surgeon who diagnosed an impingement syndrome in her right shoulder. The treating doctor testified that her surgery was necessitated by the accident. She underwent surgery and claimed $29,000 in medical expenses. In defending the case, Appel and Ruder argued that Plaintiff failed to mitigate her damages by following her doctor’s directions to follow up on a more regular basis and that the impingement syndrome was a new and unrelated problem. Plaintiff asked the jury to award her between $267,000 and $355,000 for past medical expenses and pain and suffering. The jury returned a verdict of $7,103.The case was settled pursuant to a high low agreement.

Kaminer v. Caras, 282 Ga. 830 (2007)
Appellate

Attorney: Kim Ruder

Six Flags Over Georgia II, LP v. Martin, 320 Ga. App. 52 (2013)
Appellate

Attorney: Kim Ruder

Cook v. Forrester, 323 Ga. App. 631 (2013)
Appellate

Attorney: Kim Ruder