Irwin W. Stolz, Jr. download vcard

Personal Information:

• Born November 29, 1929 - Emory University Hospital, Georgia.
• Attended public schools of Columbia and Charleston, South Carolina, Graduated High School of Charleston, 1947.
• Washington & Lee University, Lexington, Virginia;
• University of Georgia, Athens, Georgia; and
• Emory University, Atlanta, Georgia; Graduated with A.B. and LL.B. degrees from Emory University, 1958, Member Phi Delta Phi Legal Fraternity.
• First Lieutenant, United States Army Reserve, 82nd Airborne Division, 1952 – 1955
• Admitted to the Bar, 1958, Georgia.
• Irwin is married to the former Mary Bell Harrison of Savannah, Georgia. They have four children and eight grandchildren.

Professional Background
LaFayette, Georgia, 1958 – 1972

• 1958 – 1962, Langford & Stolz (Partner)
• 1963 – 1969, Shaw, Stolz & Fletcher (Partner)
• 1965 – 1972, Attorney for Walker County, Georgia
• 1969 – 1972, Stolz, Fletcher & Watson (Partner)
• 1965 – 1972, Attorney for City of Chickamauga, Georgia
• 1965 – 1972, Organizer/Director Walker County Bank, Attorney for Walker County Industrial Development Authority, Attorney for Lafayette Industrial Development Authority, Attorney for Walker County Bank, Attorney for Bank of Chickamauga.
  Represented: Glens Falls Insurance Company, Fireman's Fund Insurance Company, Continental Insurance Company, The Travelers Insurance Company, Georgia Farm Bureau Mutual Insurance Company, Maryland Casualty Company, Lumberman's Mutual Insurance Company, St. Paul Insurance Company, The Home Indemnity Company.

From 1958-1972, I was a general practitioner in the truest sense of the term. I represented both plaintiffs and defendants in tort litigation; obtained the highest personal injury verdict in Walker and Catoosa counties at the time (1959 – 1960); chartered corporations; had a domestic relations practice; participated in bond financing for industrial development; organized, chartered and represented a state bank; and represented another bank.

Judge, Georgia Court of Appeals, 1972 – 1977
Authored approximately 750 published Court opinions among which are:

1. Travis Meat and Seafood Co., Inc. v. Ashworth, 127 Ga.App. 284 (1972), regarded as a leading case in Georgia on discovery and the use of discovery evidence;
2. Ford Motor Company v. Handley, 128 Ga.App. 307, 128 Ga.App. 311 (1973), product liability, evidence issues;
3. Giordano v. Stubbs, 129 Ga.App. 283, 292 (dissent) (1973), reversed, 231 Ga. 601 (1974), 131 Ga.App. 244 (1974), dissent became the rule in Georgia on certain aspects of appellate procedure;
4. Locklear v. Morgan, 129 Ga.App. 763 (1973), opinion restated the bounds for proper oral argument to the jury in tort cases;
5. Gould v. The State, 131 Ga.App. 811 (1974), first impression, constitutionality of jury composition, established rule that jury pools must be composed of a truly representative cross-section of the community;
6. Warner v. Arnold, 133 Ga. 174 (1974), first impression, apartment owners' duties to keep premises safe from third party intruders;
7. State v. Houston, 134 Ga.App. 36 (1975), state's affirmative duty to provide counsel at preliminary hearing, reversed, Ga. 721, rule since adopted and implemented;
8. Wilhite v. Mays, 140 Ga.App. 816 (1976), first impression, Doctrine of Caveat Emptor does not apply to sale of improved real estate;

Atlanta, Georgia, 1977-2002

• 1977 – 1979, Swift, Currie, McGhee & Hiers (Of Counsel)
• 1979 – 1983, Stolz & Shulman (Partner)
• 1983 – 1985, Gambrell & Stolz (Partner)
• 1985 – 1993, Gambrell, Clarke, Anderson & Stolz (Partner)
  

Since resigning from the Court of Appeals, I have had a general practice in all courts. Since 1985, the emphasis has been on civil litigation, trial and appellate, generally representing plaintiffs.

Representative cases reported in appellate reports:

1. Ford Motor Company v. Stubblefield, 171 Ga.App. 331 (1984): product liability, evidence, standard of care, punitive damages, largest verdict that has been totally sustained on appeal in Georgia at that time;
2. Pollito v. Holland, 258 Ga. 54 (1988): construction of "tort reform" statute relating to collateral source rule;
3. A. L. Williams v. Faircloth, 194 Ga.App. 324 (1989), and 259 Ga. 767 (1989): enforceability of an overbroad restrictive covenant with injunction and forfeiture provisions related thereto;
4. Cutts v. Fulton/DeKalb Hospital Authority, 192 Ga.App. 517 (1989): liability of physicians for malpractice at a charitable hospital;
5. Bohannon v. Allstate Insurance Company, 258 Ga. 131 (1988): class action, liability of insurer for wrongful subrogation in violation of statute;
6. Pound v, Medney, 176 Ga.App. 756 (1985): medical malpractice, evidence;
7. Brown Realty Associates, Inc. v. Thomas, 193 Ga.App. 847 (1989): real estate fraud, violation of the Fair Business Practice Act of 1975, violation of Georgia Racketeer Influenced and Corrupt Organization Act;
8. Atlanta Ob/Gyn v. Coleman, 194 Ga.App. 508, affirmed, 260 Ga. 569, (decided Nov. 29, 1990): proximate cause of ultimate injury in medical malpractice case;
9. Jackson & Coker, Inc. v. Hart & Lindsey, and Jackson & Coker. Inc. v. Kepley, constitutionality of the restrictive covenant act (O.C.G.A. §13-8-2.1): in both cases the trial courts held that the act is unconstitutional, the Supreme Court affirmed the trial courts; and
10. Norfolk & Southern R. Co. v. Mills, 242 Ga.App. 324 (2000): substantial similarity of R.R. crossing warning devices;
11. City of Atlanta v. Barnes, 276 Ga. 449, 578 S.E.2d 110 (2003); 275 Ga.App. 385, 620 S.E.2d 846 (2005); 281 Ga. 256, 637 S.E.2d 4 (2006): constitutionality of City of Atlanta’s Occupational Tax as applied to lawyers, availability of class action to obtain group tax refunds, procedure in class action tax refund cases, attorneys fees awarded from common fund.
12. Townsend v. Delta Air Lines, 279 Ga. 511, 614 S.E.2d 745 (2005): applicability of Georgia Dram Shop statute to airlines;
    

Currently, I am actively involved in the trial and appellate practice in the courts of several states as well as United States courts.

Professional Memberships/Activities
1958 – present, State Bar of Georgia: (a) Board of Governors, 1965-1972; (b) Chairman, Committee on Judicial Procedure and Administration, 1968-1979; (c) President-Elect, State Bar of Georgia, 1969-1970; (d) President, State Bar of Georgia, 1970-1971; (e) Chairman, Trustees Institute for Continuing Legal Education in Georgia, 1969-1970, 1971-1972; (f) Executive Committee, State Bar of Georgia, 1969-1972; (g) Co-Chairman, Committee to Simplify and Make More Responsive Georgia Disciplinary Procedures, 1989-1990; (h) Member of numerous Bar committees and participant in numerous continuing legal education seminars; (i) Vice-President, Georgia Trial Lawyers Association, 1988-1990; (j) Member, Committee on Professionalism; (k) Member Committee on Standards of the Profession (developed the first mandatory mentoring program for beginning lawyers). 1963 – 1964 President, Lookout Mountain Circuit Bar Association

Other Related Professional Activities
Fellow, American Bar Foundation; Director, Law in American Society Foundation; Director, American Judicature Society: (1977-1981); Member, Governor's Commission on Appellate Judicial Selection (1971-1972); Member, Governor's Commission on Judicial Processes (1971-1972); Member, State Crime Commission (1971-1972, 1975-1976); Member, Governor's Judicial Processes Review Commission (1984-1985); Interest Arbitrator (appointed by Governor), Metropolitan Atlanta Rapid Transit Authority (1989); Member, Atlanta Bar Association; Western Circuit Bar Association; Lawyers Club of Atlanta; State Bar of Georgia; Georgia Trial Lawyers Association; American Bar Association; American Trial Lawyers Association; Fellow, International Society of Barristers; Georgia Bar Foundation; American Bar Foundation; Recipient, General Practice and Trial Sections Tradition of Excellence Award (1995).

Community Involvement

LaFayette, Georgia:
President, LaFayette Lions Club; First Methodist Church, Board of Stewards and Chairman of Board of Trustees.

Atlanta, Georgia:
1972 to present: Board of Stewards, St. John Methodist Church; Board of Directors, Downtown Y.M.C.A., Chairman, 1978-1980; Man of the Year, 1978; Board of Directors, Metropolitan Atlanta Y.M.C.A., 1980-1986; Director, Atlanta Track Club, 1978-1979, President, Pace Masters Swim Team, 1989 - 2002; Named Male Master Swimmer of the year (2000) in Georgia. Named Male Athlete of the 2001 Georgia Games (all sports, all ages).

An active masters competitive swimmer since 1987, I have held at one time or another over forty Georgia Masters swimming records and competed in the FINA World Masters Championship in Germany (2000), New Zealand (2002) and Italy (2004). In 2004 I was ranked in the top ten swimmers in the World in five events. I have competed in many U.S. Masters National Championships over the years and have won four individual national championships. I was the National Masters Swimming Champion  for the 200 yd. breast stroke (2000), 400 meter freestyle (2004), 1500 meter freestyle (2004) with fastest time in the U.S. (Masters Swimming All American).