Martin A. Levinson

Partner
Photo of Martin A.  Levinson
303 Peachtree Street, NE
Suite 4000
Atlanta, GA 30308-3243

Martin Levinson is a partner in the Atlanta office of Hawkins Parnell Thackston & Young LLP. Martin represents businesses and individuals in various types of liability defense and litigation, including premises liability, product liability, trucking and transportation law, general property and casualty liability, and insurance and bad faith litigation. Martin handles matters in all phases of the litigation process, including advising clients on litigation avoidance, pre-suit liability and/or coverage analysis, handling matters in active litigation, mediation and settlement, trial, and appeals.

Martin advises and represents individuals and businesses of all types and sizes, ranging from international food and beverage manufacturers, electronics and medical equipment manufacturers, and nationwide trucking and logistics companies to individuals and small business owners faced with litigation or other legal concerns.

Martin strongly believes that obtaining the best outcome for his client in any case requires flexibility, strategic analysis, and creativity.  In every case, Martin's primary focus is to obtain the best possible result for his client by examining the issue or case critically and then presenting the client with available options so that the client can make the right choice for that particular client in that particular matter.

Professional Experience

Premises Liability
Martin vigorously defends businesses and individuals in all manner of premises liability litigation, including slip-and-fall cases, negligent security cases, claims for third-party criminal conduct, and claims alleging false imprisonment. Selected results in premises liability matters include:

Product Liability & Food Safety Cases
Martin represents businesses in cases alleging the manufacture and/or sale of defective products ranging from commercial equipment and machinery to food and drink products.


Trucking & Transportation
Martin advises and represents trucking and transportation companies in commercial disputes and personal injury lawsuits, including cases involving severe injury, alleged wrongful death, and claims for punitive damages.
  • Handled defense/investigation of more than 50 transportation cases of all types involving numerous types of commercial vehicles, including tractor-trailers, box/straight trucks, ambulances, nonemergency medical transport vehicles, commercial buses and vans, and construction vehicles
  • Obtained favorable settlement for motor carrier in suit involving serious injuries, alleged failure to properly maintain carrier's commercial vehicles, and multiple alleged violations of Federal Motor Carrier Safety Regulations (FMCSR)
  • Obtained favorable settlements for non-emergency medical transport carriers in cases alleging serious injury resulting from failure to properly assist disabled passengers and/or to install appropriate restraints for wheelchair-bound patients

General Negligence, Intentional Torts, and Environmental Torts
Martin has handled numerous other matters involving all types of negligence and other torts, including all manner of different types of property and casualty claims.  Among other sub-specialties, Martin has successfully defended numerous persons and entities against claims involving alleged water deviation, runoff, sedimentation, and pollution damage.

  • Obtained complete defense verdict on plaintiffs' nuisance and trespass claims as well as $250,500 verdict in favor of defendants on their counterclaims for intentional torts, attorney's fees, and punitive damages in case between neighboring property owners
  • Obtained partial summary judgment on some of plaintiffs' property damage and intentional tort claims and reached nominal settlement on remainder of claims in case between neighboring property owners involving alleged nuisance, trespass, property damage, and other torts arising from alleged water diversion and sedimentation
  • Obtained dismissal of case alleging trespass, nuisance, and property damage for alleged pollution of lake by neighboring property owner
  • Induced nominal settlement (while motion for summary judgment was pending) in case against homeowner's association alleging sedimentation, property damage, and fraud and seeking over $1 million in damages
  • Obtained dismissal with prejudice of slander and libel claims asserted against attorney relating to negative comments posted on internet websites about plaintiff company
  • Obtained summary judgment in favor of occupier of property, and successfully defended same on appeal, in suit where worker sued to recover for paraplegia and other injuries allegedly resulting from worker's fall from ladder

Business Litigation
Martin represents and advises businesses in various types of litigation, including contract disputes, indemnity claims, major property damage claims, employment discrimination claims, and general liability matters.

  • Obtained summary judgment in favor of client in business dispute alleging conversion of over $400,000 in merchandise
  • Obtained summary judgment in favor of major textile manufacturer in wrongful death/contractual indemnity case
  • Obtained summary judgment in favor of employment agency in employment discrimination lawsuit brought by former employee
  • Defeated seller's motion summary judgment and obtained favorable settlement in suit brought on behalf of real estate developer/purchaser for fraud and misrepresentation by seller in commercial land transaction

Bad Faith & Insurance Coverage
Martin analyzes, evaluates, and advises clients on issues relating to insurance coverage disputes and bad faith, including representing insurance carriers in declaratory judgment and bad faith actions.

  • Greatly limited insurer's potential liability and eliminated any potential for bad faith claim by settling coverage matter in case involving multi-million dollar potential liability for serious bodily injury across several insurance policies for a fraction of total policy limits
  • Obtained dismissal of bad faith action against insurer seeking remuneration for total fire loss to alleged insured's house
  • Advised numerous insurers on applicability of various policy coverages and exclusions in policies of all types, including commercial general liability (CGL) policies, special-purpose business liability policies, homeowner's policies, personal and commercial automobile insurance policies, and umbrella insurance policies

Construction Defect, Property Damage, and Casualty Claims
Martin also represents clients in cases involving alleged construction defects and other property damage, including large scale casualty losses resulting from numerous sources such as fire, hail, and/or water damage.

  • Obtained favorable settlement for client in claim alleging defective installation of stucco and other finishes throughout large condominium and seeking several million dollars in damages
  • Obtained dismissal of claim against pool contractor in case alleging defective construction of pool and pool surround area for major townhouse/condominium development
  • Obtained favorable settlement of subrogation case seeking more than $1 million in damages resulting from fire damaging multiple apartment units allegedly caused by insured's subtenant


APPELLATE AND REPORTED CASES

  • Kohler v. Van Peteghem, 330 Ga. App. 230 (2014), cert. denied, 2015 Ga. LEXIS 168 (Mar. 2, 2015) - The Court of Appeals affirmed the judgment entered on the verdict in favor of our clients on all of the plaintiffs' claims in this dispute between two neighboring property owners regarding water runoff and claims of trespass, nuisance, and various intentional torts.  The Court of Appeals also affirmed the judgment on the verdict in our clients' favor on their counterclaims against the plaintiffs, with the exception of granting a new trial on one claim (with the practical effect being that the verdict in favor of our clients on their own counterclaims against the plaintiffs from $250,500 to $239,750.  The plaintiffs moved for reconsideration of the Court of Appeals' order and petitioned the Supreme Court of Georgia for certiorari, both of which were denied.
  • McCullough v. USM, Inc., 2014 U.S. Dist. LEXIS 137903 (N.D. Ga. Sep. 30, 2014) (Case no. 1:12-CV-4079-RWS) - Obtained summary judgment in favor of our client, a maintenance contractor, in slip-and-fall case in which plaintiff slipped and fell in a store's restroom which was serviced by our client.  The plaintiff claimed significant special damages and alleged that she had to undergo surgery as a result of the incident.  The U.S. District Court granted our client's motion for summary judgment on the basis that our client did not owe a duty to the plaintiff and she was not a third-party beneficiary to the contract between our client and the owner of the store.
  • Graham v. HHC St. Simons, Inc., 322 Ga. App. 693 (2013) - Wrote amicus curiae brief on behalf of the Georgia Defense Lawyers Association (GDLA) in the Georgia Court of Appeals on issues of broad importance to Georgia litigants relating to purported settlement of lawsuits and the Georgia "offer of settlement/judgment" statute.  In reaching its decision, the Court of Appeals relied in part on a rationale asserted only in the GDLA's brief and not in either party's brief.
  • Smith v. BP America, Inc., et al. - Georgia Court of Appeals, docket no. A12A0590 (2012) - Obtained affirmance from the Georgia Court of Appeals of the trial court's grant of summary judgment in favor of our client, a gas station licensor/franchisor, in a premises liability and negligence case.
  • Dixie Group, Inc. v. Shaw Industries Group, Inc., et al., 303 Ga. App. 459 (2010) - The Georgia Court of Appeals affirmed the trial court's grant of summary judgment in favor of our client, the owner of a manufacturing plant, in a case where a defendant had sought indemnification from our client via a third-party complaint for the plaintiff's alleged wrongful death and related damages.
  • Atlanta Opportunity, Inc. v. Pratt, Georgia Court of Appeals, Docket no. A10A2297 (2010) - Obtained dismissal of plaintiff-appellant's appeal from trial court's dismissal of plaintiff's complaint with prejudice in slander/libel case.
  • Muskett v. Sketchley Cleaners, Inc., 297 Ga. App. 561 (2009) - Obtained affirmance of the trial court's denial of the plaintiff-appellant's motion for new trial in a trip-and-fall premises liability action after the jury had returned a verdict in favor of the defendant, the proprietor of a dry cleaning business in whose parking lot the plaintiff-appellant fell.  The plaintiff-appellant had alleged that he fell due to a pothole which the proprietor of the premises was negligent in failing to repair the pothole.  The Georgia Court of Appeals affirmed the verdict in favor of the proprietor, and we also successfully opposed the plaintiff's petition for certiorari to the Supreme Court of Georgia, which was denied.
  • Melancon v. Brabers, Georgia Court of Appeals, Docket no. A09A0854 (2009) - Obtained affirmance of the trial court's grant of summary judgment in favor of one participant in a competitive adult soccer league in case where another participant in the league had sought to recover for damages allegedly suffered while both were participating in an competitive soccer game.
  • Henderson v. Sargent, 297 Ga. App. 504 (2009) - The Georgia Court of Appeals affirmed the trial court's grant of summary judgment in favor of our client, who was alleged to have caused paraplegia in the course of moving/attempting to assist appellant after a fall.  The appellant then sought certiorari from the Supreme Court of Georgia, which we opposed and which was denied.

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Education

J.D., cum laude, University of Georgia School of Law (2004)

B.A., University of Georgia (2001)

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