Donovan Lovelock and Barbara Glas, of our Pensacola office, secured summary judgment in Walton County, Georgia on behalf of a restoration-services client in a complex commercial dispute arising from Hurricane Sally response efforts in 2020. The case involved competing claims over allegedly missing and damaged disaster-response equipment used at multiple Gulf Coast hotel properties.

The plaintiff sought nearly $900,000 in damages, including claims tied to alleged conversion of equipment. A third-party indemnity claim was later asserted against Donovan and Barbara’s client, alleging the company could be held liable if another defendant was found responsible in the underlying action.

Donovan and Barbara developed a successful strategy centered on Georgia’s apportionment statute and the narrow scope of surviving common-law indemnity claims. Their motion argued there was no principal-agent relationship that could support vicarious liability, and no evidence their client ever possessed or controlled the allegedly missing equipment. They also challenged the viability of the underlying conversion theory based on the undisputed facts developed during discovery.

After extensive briefing, multiple hearings, and significant pretrial motion practice, the court granted summary judgment in full just weeks before trial. The court ultimately adopted the defense’s proposed order verbatim, resulting in a complete dismissal of the claims against the client. The client is also evaluating recovery of attorneys’ fees based on a prior settlement offer.

A strong result in a high-exposure case involving significant indemnity and vicarious liability issues under Georgia law.