green
Positive treatment
Quoted verbatim 4×
43.2 score
G Cite
cited 2× by 1 distinct case ·
…cjourts must exercise extreme caution in declaring a contract void as against public policy and should do so "only in cases free from doubt.
at p. 904
⚠ not in text
cited 2× by 2 distinct cases ·
…the status of emory university school of dentistry as primarily a training institution does not allow for an exemption from the duty to exercise reasonable care.
⚠ not in text
Treatment trajectory · 1981 → 2026 · click a year to view as-of
1981
2003
2026
Top citers, strongest first. 47 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
GARY CURMODE v. HILARY A. ALSBROOKS
(3×)
also: Cited as authority (rule)
the status of doctor and patient controls the duty to exercise reasonable care.
examined
Cited as authority (verbatim quote)
Romero v. Allstate Insurance
(2×)
also: Cited as authority (quoted)
cjourts must exercise extreme caution in declaring a contract void as against public policy and should do so "only in cases free from doubt.
discussed
Cited as authority (quoted)
Patricia Franza v. Royal Caribbean Cruises, Ltd.
(2×)
also: Cited as authority (rule)
the status of emory university school of dentistry as primarily a training institution does not allow for an exemption from the duty to exercise reasonable care.
discussed
Cited as authority (quoted)
Patricia Franza v. Royal Caribbean Cruises, Ltd.
(2×)
also: Cited as authority (rule)
the status of emory university school of dentistry as primarily a training institution does not allow for an exemption from the duty to exercise reasonable care.
examined
Cited as authority (rule)
OMSTEAD v. BPG INSPECTION, LLC
(9×)
also: Cited "see"
But here, even if the limitation operates to bar suit against BPG given the timing of Mr. Omstead’s death, the limitation did not purport to relieve or release BPG from liability, because the limitation permitted suit against BPG—that is, subjected BPG to potential liability—within a year from the inspection.6 Compare Emory Univ. v. Porubiansky, 248 Ga. 391, 392 ( 282 SE2d 903 ) (1981) (language in dental form providing that the patient agreed to “‘expressly waive and relinquish any and all claims of every nature I or my minor child or ward may have’” and further “‘to hold th…
discussed
Cited as authority (rule)
Gonzalez v. US Human Rights Network
(Doc. 12 at 16 ¶ 21.) Further, the counterclaim 21 repeatedly refers to the IC Agreement, the IC Agreement is central to the counterclaim, 22 and no party questions the IC Agreement’s authenticity.7 Second, Plaintiff is incorrect that 23 6 Neither party has provided briefing on whether enforcement of the indemnification 24 provision is consistent with Georgia law, but the Court notes that Georgia “follow[s] the rule that the courts must exercise extreme caution in declaring a contract void as against 25 public policy and should do so only in cases free from doubt.” Precision Plan., Inc.…
examined
Cited as authority (rule)
INNOVATIVE IMAGES, LLC v. SUMMERVILLE
(3×)
also: Cited "see"
However, recognizing that “all people who are capable of contracting shall be extended the full freedom of doing so if they do not in some manner violate the public policy of this state,” this Court has long emphasized that “courts must exercise extreme caution in declaring a contract void as against public policy” and may do so only “where the case is free from doubt and an injury to the public clearly appears.” Porubiansky, 248 Ga. at 393 (citations and punctuation omitted).
discussed
Cited as authority (rule)
Pamela Langley v. Mp Spring Lake, LLC
Intern., Inc. v. Magnetic Resonance Plus, Inc., 227 Ga. App. 641, 644 (1) ( 490 SE2d 124 ) (1997). 19 Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981) (punctuation omitted); accord Precision Planning, Inc. v. Richmark Cmtys., Inc., 298 Ga. App. 78, 79 (1) ( 679 SE2d 43 ) (2009); Edwards v. Grapefields, Inc., 267 Ga. 10 has further directed that “[a] contract cannot be said to be contrary to public policy unless the General Assembly has declared it to be so, or unless the consideration of the contract is contrary to good morals and contrary to law, or unless the contract i…
discussed
Cited as authority (rule)
Ambrose v. Advantage Funding Commercial Capital Corp. (In re Ambrose)
However, courts typically exercise caution in finding a contract void as against public policy and should only do so “in cases free from doubt.” Cleveland Motor Cars, Inc. v. Bank of America, N.A., 295 Ga.App. 100, 102 , 670 S.E.2d 892, 895 (2008) (quoting Emory Univ. v. Porubian-sky, 248 Ga. 391, 393 , 282 S.E.2d 903, 904 (1981)).
discussed
Cited as authority (rule)
Key v. Georgia Department of Administrative Services
Co., 298 Ga. at 719 . 24 See OCGA § 13-8-2 (giving examples of contracts deemed void as against public policy). 25 Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981) (holding that it was against state policy to allow a licensed dentist to rely on a patient’s contractual release that *539 purported to relieve him of his duty to exercise a reasonable degree of skill and care during treatment) (citations and punctuation omitted). 26 Woodcraft by MacDonald v. Ga. Cas. & Sur.
discussed
Cited as authority (rule)
Allstate Insurance Co. v. ADT, LLC
Corp., 267 Ga. 646 , 482 S.E.2d 325, 328 (1997) (“Georgia has historically afforded great protection to the freedom to contract with another person.”); Colonial Properties, 567 S.E.2d at 393 (“[C]ourts must exercise extreme caution in declaring a contract void as against public policy and should do so only in cases free from doubt.” (quoting Emory Univ. v. Porubiansky, 248 Ga. 391 , 282 S.E.2d 903, 904-05 (1981))).
discussed
Cited as authority (rule)
Atlanta Flooring Design Centers, Inc. v. R. G. Williams Construction, Inc.
(2×)
See Brookfield Country Club, 287 Ga. at 413 ; Emory Univ. v. Porubiansky, 248 Ga. 391, 393-394 ( 282 SE2d 903 ) (1981) (contractual provision eliminating statutory duty of care void as against public policy).
discussed
Cited as authority (rule)
Joseph Jerry Wright v. Waterberg Big Game Hunting Lodge Otjahewita (Pty), Ltd.
And, as a general matter, disclaimers are enforceable under Georgia law unless they violate public policy, e.g., Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981); Bodyslimmer, Inc. v. Sanford, 197 Ga. App. 565, 566 (2) ( 398 SE2d 840 ) (1990), and the fact that SCI may have derived some benefit from Wright’s purchase of the Safari did not render the disclaimers invalid. (b) Wright also contends that there is a disputed issue of material fact concerning whether he substantially performed his obligations under the contract. 10 Assuming Wright is correct that this issue is d…
discussed
Cited as authority (rule)
Wright v. Safari Club International, Inc.
And, as a general matter, disclaimers are enforceable under Georgia law unless they violate public policy, e.g., Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981); Bodyslimmer, Inc. v. Sanford, 197 Ga. App. 565, 566 (2) ( 398 SE2d 840 ) (1990), and the fact that SCI may have derived some benefit from Wright’s purchase of the safari did not render the disclaimers invalid. (b) Wright also contends that there is a disputed issue of material fact concerning whether he substantially performed his obligations under the contract.
discussed
Cited as authority (rule)
Stockbridge Dental Group, P.C. v. Freeman
(2×)
Id. at 391-392, 394-395 .
discussed
Cited as authority (rule)
Mark E. Robinson v. RD Legal Funding Partners, L.P.
Brandon, 532 S.E.2d at 746 (internal citations omitted). 12 “[C]ourts must exercise extreme caution in declaring a contract void as against public policy and should do so only in cases free from doubt.” Emory Univ. v. Porubiansky, 248 Ga. 391 , 282 S.E.2d 903, 904-05 (1981) (internal citation and quotation marks omitted).
discussed
Cited as authority (rule)
RSN Properties, Inc. v. Engineering Consulting Services, Ltd.
The provision at issue does not create a contractual obligation listed in OCGA § 13-8-2 (a) as contrary to public policy, and we find that the provision is not otherwise contrary to the public policy underlying the statute. “[T]he courts must exercise extreme caution in declaring a contract void as against public policy and should do so only in cases free from doubt.” (Citation and punctuation omitted.) Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981). “[U Inless prohibited by statute or public policy[,] the parties to a contract are free to contract on any terms and…
discussed
Cited as authority (rule)
Heiman v. Mayfield
Powell v. Brown, 281 Ga. 609 ( 641 SE2d 519 ) (2007); Walker County v. Tri-State Crematory, 292 Ga. App. 411, 412 ( 664 SE2d 788 ) (2008). 3 Cf. Emory Univ. v. Porubiansky, 248 Ga. 391, 392-395 ( 282 SE2d 903 ) (1981) (because a statutory duty of care applies to licensed providers of professional medical services, a contractual release that relieves such a provider of the duty to exercise reasonable care is void as against public policy).
discussed
Cited as authority (rule)
Precision Planning, Inc. v. Richmark Communities, Inc.
Adams and Doyle, JJ., concur. 1 Barron Reed Constr. v. 430, LLC, 275 Ga. App. 884, 885 (1) ( 622 SE2d 83 ) (2005). 2 More Ami Intl. v. Gale, 264 Ga. App. 739, 740 (1) ( 592 SE2d 83 ) (2003). 3 Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981). 4 Edwards v. Grapefields, Inc., 267 Ga. App. 399, 403 (1) ( 599 SE2d 489 ) (2004). 5 Piedmont Arbors Condo.
discussed
Cited as authority (rule)
Cleveland Motor Cars, Inc. v. Bank of America, N.A.
Corp., 226 Ga. App. 459 (1) ( 486 SE2d 684 ) (1997). 2 The bank also followed up with a similar demand letter dated January 30, 2007. 3 Brown v. Five Points Parking Center, 121 Ga. App. 819, 821 (1) (b) ( 175 SE2d 901 ) (1970). 4 Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981). 5 J.
discussed
Cited as authority (rule)
McEver v. Planners & Engineers Collaborative, Inc.
Assuming without deciding that this case is analogous to Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981) insofar as it involves professional engineers who are statutorily-charged with maintaining the safety and welfare of the public, 7 we need not address this clause’s viability under OCGA § 13-8-2 (a) 8 because the clause violates Georgia’s public policy under OCGA § 13-8-2 (b).
discussed
Cited as authority (rule)
TSG Water Resources, Inc. v. D'Alba & Donovan Certified Public Accountants, P.C.
(2×)
also: Cited "see"
“Contracts may be avoided by the courts as against public policy only in cases free from doubt and where the injury to the public is clear.” Emory Univ. v. Porubiansky, 248 Ga. 391 , *204 282 S.E.2d 903, 904-905 (1981) (citing Phenix Ins.
discussed
Cited as authority (rule)
Lanier at McEver, L.P. v. Planners & Engineers Collaborative, Inc.
Co. &c. v. Franklin, 206 Ga. App. 193, 195 (2) ( 424 SE2d 803 ) (1992). 7 (Punctuation omitted.) Id. 8 248 Ga. 391, 393-395 ( 282 SE2d 903 ) (1981). 9 See OCGA § 51-1-27. 10 See Porubiansky, supra. 11 Id. at 392. 12 See Samuelson v. Lord, Aeck & Sergeant, Inc., 205 Ga. App. 568, 572 (2) (a) ( 423 SE2d 268 ) (1992) (“Independently of the contract to design a building or premises, an . . . engineer owes a general duty to use reasonable care not to harm third persons who, it is reasonably foreseeable, might be harmed by a negligent architectural design.”). 13 See Brainard v. McKinney, 220 Ga…
discussed
Cited as authority (rule)
Hayes v. Lakeside Village Owners Ass'n, Inc.
Corp., 231 Ga. 549, 551 ( 203 SE2d 171 ) (1974). 5 Timberstone Homeowner’s Assn. v. Summerlin, 266 Ga. 322, 323-324 ( 467 SE2d 330 ) (1996). 6 Robinson v. Kroger Co., 268 Ga. 735, 740 (1) ( 493 SE2d 403 ) (1997). 7 Trustees of Trinity College v. Ferris, 228 Ga. App. 476, 477 (1) ( 491 SE2d 909 ) (1997). 8 City of Douglasville v. Queen, 270 Ga. 770, 771 (1) ( 514 SE2d 195 ) (1999). 9 Vaughn v. Pleasent, 266 Ga. 862 ( 471 SE2d 866 ) (1996). 10 Turner v. Sumter Self Storage Co., 215 Ga. App. 92, 95 (3) ( 449 SE2d 618 ) (1994). 11 Redding v. Tanner, 231 Ga. App. 250, 251 (1) ( 498 SE2d 156 ) (19…
cited
Cited as authority (rule)
McFann v. Sky Warriors, Inc.
(Citation and punctuation omitted.) Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
cited
Cited as authority (rule)
Baldwin v. State Farm Fire & Casualty Co.
Co. &c. v. Franklin, 206 Ga. App. 193, 195 ( 424 SE2d 803 ) (1992), citing Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
cited
Cited as authority (rule)
Colonial Pacific Leasing Corp. v. McNatt
Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
cited
Cited as authority (rule)
Hartford Insurance v. Franklin
Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
discussed
Cited as authority (rule)
Commercial Bank & Trust Co. v. Anderson
Since I do not find the majority is exercising the “extreme caution” required before declaring a contractual provision void as against public policy, see Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981), quite aside from the fact that it does not appear that this case falls into that category of cases that are “ ‘free from doubt and where an injury to the public interest clearly appears’ ” (emphasis supplied), Phenix Ins.
cited
Cited as authority (rule)
Piedmont Arbors Condominium Ass'n v. BPI Construction Co.
Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
cited
Cited as authority (rule)
Doctors Hospital of Augusta, Inc. v. Bonner
Hosp., 252 Ga. 118, 119 ( 311 SE2d 836 ) (1984); Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981); cf. Richmond County Hosp.
discussed
Cited as authority (rule)
Shankman v. Coastal Psychiatric Associates
(2×)
Contracts between a medical practitioner and medical employer, hospital, or patient “must be examined in light of the strong policy of the state to protect the health of its citizens and to regulate those professionals that it licenses.” Emory University v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ) (1981).
discussed
Cited as authority (rule)
Peace v. Weisman
(2×)
(Emphasis supplied.) In reviewing the case law of this state as it relates to public policy and medicine, I find the decision in Emory Univ. v. Porubiansky, 248 Ga. 391, 393-394 ( 282 SE2d 903 ) (1981), very illuminating and instructive.
discussed
Cited as authority (rule)
National Consultants, Inc. v. Burt
Further, “the courts must exercise extreme caution in declaring a contract void as against public policy and should do so ‘only in cases free from doubt.’ ” Emory Univ. v. Porubiansky, 248 Ga. at 393.
cited
Cited as authority (rule)
Petroziello v. United States Leasing Corp.
Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ).
discussed
Cited as authority (rule)
Hall v. Gardens Services, Inc.
Ronald Mullins, Jr., for appellee. “ ‘It is well settled that contracts will not be avoided by the courts as against public policy, except “where the case is free from doubt and where an injury to the public interest clearly appears.” ’ In examining this case we also follow the rule that the courts must exercise extreme caution in declaring a contract void as against public policy and should do so ‘only in cases free from doubt.’ ” Emory Univ. v. Porubiansky, 248 Ga. 391, 393 ( 282 SE2d 903 ).
discussed
Cited "see"
RaceTrac Petroleum, Inc. v. Ace American Insurance
(2×)
See Emory Univ. v. Porubiansky, 248 Ga. 391 , 282 S.E.2d 903, 904-05 (1981); Baldwin v. State Farm Fire & Cas.
discussed
Cited "see"
Tiismann v. Linda Martin Homes Corp.
(2×)
See Emory Univ. v. Porubiansky, 248 Ga. 391 ( 282 SE2d 903 ) (1981) (provision relieving licensed professional from statutory duty of care is void as against public policy); BodySlimmer v. Sanford, 197 Ga. App. 565 ( 398 SE2d 840 ) (1990) (exculpatory clause in contract between consumer and weight loss establishment not violative of public policy).
discussed
Cited "see"
Little v. Middleton
(2×)
See Emory Univ. v. Porubiansky, 248 Ga. 391, 394 ( 282 SE2d 903 ) (1981). 3.
discussed
Cited "see"
Ramada Franchise Systems, Inc. v. Motor Inn Investment Corp.
(2×)
See Porubiansky v. Emory Univ., 156 Ga.App. 602 , 275 S.E.2d 163 , aff'd, 248 Ga. 391 , 282 S.E.2d 903 (1981).
examined
Cited "see"
Atlanta Obstetrics & Gynecology Group v. Abelson
(4×)
See and compare Emory Univ. v. Porubiansky, 248 Ga. 391, 393-394 ( 282 SE2d 903 ) (1981); Jefferson v. Griffin &c.
discussed
Cited "see"
Morgan v. Westinghouse Electric Corp.
(2×)
See Emory University v. Porubiansky, 248 Ga. 391 , 282 S.E.2d 903 (1981) (persons engaged in practice of medicine and dentistry may not contract with their patients to exculpate themselves from liability for their own negligence).
discussed
Cited "see, e.g."
Joseph Kyle Neibert v. Computer Sciences Corporation
(2×)
Grp., Inc., 283 Ga. 426 , 659 S.E.2d 359, 361 (2008) (quotation omitted); see also Emory Univ. v. Porubiansky, 248 Ga. 391 , 282 S.E.2d 903, 904-05 (1981) (explaining that Georgia courts “exercise extreme caution in declaring a contract void as against public policy”).
discussed
Cited "see, e.g."
Reaugh v. Inner Harbour Hospital, Ltd.
(2×)
We agree that where, as here, parents have entrusted the care, custody, and control of a child to a third party who is contractually obligated to provide medical and educational services to the child, it would be contrary to public policy to allow that party to exculpate itself from liability for harm to the child resulting from that party’s failure to provide such services. 1 “Where the performance of a contractual condition would be contrary to the health, safety or welfare of others; it may be considered unenforceable. [Cits.]” Tidwell Homes v. Shedd Leasing Co., 191 Ga. App. 892, 895…
examined
Cited "see, e.g."
Roman v. Terrell
(4×)
Compare, e.g., Emory Univ. v. Porubiansky, 248 Ga. 391 ( 282 SE2d 903 ) (1981).
discussed
Cited "see, e.g."
Day v. Fantastic Fitness, Inc.
(2×)
Compare Emory Univ. v. Porubiansky, 248 Ga. 391 ( 282 SE2d 903 ) (1981) (contractual provision purporting to discharge physician or dentist from liability for future professional malpractice held unenforceable); Smith v. Hosp.
Retrieving the full opinion text from the archive…
In the Matter of Reily
Supreme Court Disciplinary 217.
Supreme Court of Georgia.
Nov 6, 1981.
Omer W. Franklin, Jr., General Counsel State Bar, Bridget P. Beisner, Assistant General Counsel State Bar, for State Bar of Georgia., Michael J. Reily, pro se.
Per Curiam.
Cited by 1 opinion | Published
Citer courts: Eleventh Circuit (2) · E.D. Pennsylvania (1)
Per curiam.
The State Bar initiated disciplinary proceedings against Mr. Reily after he pled guilty to a charge of theft by taking. Prior to a finding of probable cause by the State Disciplinary Board, Mr. Reily requested that he be permitted to voluntarily surrender his license to practice law. Mr. Reily admitted conduct in violation of State Bar Rules, and he stipulated that he may not be readmitted to the State Bar of Georgia except upon compliance with the rules for reinstatement. The State Disciplinary Board recommends accepting Reily’s petition for voluntary discipline.
The recommendation of the Board is hereby approved. The court orders that the license of Robert E. Reily, III, to practice law be surrendered.
Petition for voluntary surrender of license to practice law granted.
All the Justices concur.