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  • Hamilton v. Henderson

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: R. Stephen Sims Barrow & Sims PC, Savannah, for appellant.
    for defendant: Robert P. Killian Killian & Boyd PC, Brunswick, for appellee.
    Case Number: A03A0874

    The trial court properly directed a verdict for the plaintiff on the issue of comparative negligence where the defendant was per se negligent in failing to yield the right-of-way and there was no e

  • Wise Moving & Storage Inc. v. Rieser-Roth

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce E. Mitchell and Brendan L. Henry Mitchell & Assocs., Atlanta, for appellant.
    for defendant: Dorothy R. Kenefick, Roswell, proceeded pro se.
    Case Number: A03A0711

    A default judgment, awarding actual and punitive da to the plaintiff, could not stand where the record did not clearly show that the trial court held a hearing on the amount of da

  • Jackson v. State

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael S. Bennett Jr. Bennett Law Firm, Valdosta, for Roddrick Jackson. Terry L. Schwock, Valdosta, for Brian Jackson. J. David Miller, District Attorney, and Bradfield M. Shealy, Assistant District Attorney, Valdosta, for appellee.
    for defendant:
    Case Number: A02A2238, A02A2239

    Defendants' accomplice identified them as the masked men who robbed a convenience a store and identified the first defendant as the g

  • Adcock v. Adcock

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William M. Akin Akin & Tate LLC, Cartersville, for appellant.
    for defendant: Charles Crawford, Cartersville, for appellees.
    Case Number: A02A2295

    Since the plaintiff's separation agreement with the decedent expressly barred alimony to either party, their subsequent reconciliation did not annul plaintiff's conveyance of her interest in the mar

  • Total Car Franchising Corp. Inc. v. Squire

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Freddie R. Stone Jr. Stone & Bellus, Atlanta, for appellant.
    for defendant: Lauren O. Buckland, Atlanta, for appellee.
    Case Number: A02A2179

    The plaintiff was not prejudiced by the defendant's request to restate its own case and restore certain defenses since the defendant did not seek to reopen discovery and raised those defenses in it

  • Kingsley v. Florida Rock Indus. Inc.

    Publication Date: 2003-01-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, Newton M. Galloway and Dean R. Fuchs Smith, Galloway, Lyndall & Fuchs, Griffin, for appellant.
    for defendant: . Mark W. Forsling, David H. Flint and Scott D. McAlpine Schreeder, Wheeler & Flint, Atlanta, for appellee.
    Case Number: A02A1952

    Notice regarding the enactment of county's comprehensive plan for unincorporated areas was required to conform to county's normal procedures for public hearings and not the notification standards fo

  • Crumpler v. Henry County Ga.

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Donald C. English, McDonough, for appellant.
    for defendant: David P. Brenskelle, McDonough, for appellee.
    Case Number: A02A0888

    The plaintiff was not required to petition the county board of commissioners for a discretionary review of his demotion from police sergeant to patrolman before seeking certiorari in the superior

  • The Kroger Co. v. Williams

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Douglas A. Wilde and Deborah A. Heineman Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
    for defendant: Scott G. Monge and Marc W. Grawert Monge & Assocs., Atlanta, for appellees.
    Case Number: A02A1848

    Plaintiffs' knowledge that milk often fell from pallets while being unloaded from trucks at defendant's store precluded his recovery for injuries he sustained while assisting a store employee with t

  • Georgia Dep't of Corrections v. Barkwell

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Senior Assistant Attorney General, John B. Ballard Jr., Assistant Attorney General, K. Prabhaker Reddy and Donahue S. Silvis Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Robert C. Harrison Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A02A1355

    The Department of Corrections can sue for reimbursement of state funds used to treat inmates injured in an automobile coll

  • Bossard v. Atlanta Neighborhood and Dev't Partnership Inc.

    Publication Date: 2002-04-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James L. Ford Sr. and Michael G. Webb Ford & Barnhart, Atlanta, for appellant.
    for defendant: Heather C. McGrotty, Jason P. King Hall, Booth, Smith & Slover PC, Peter R. York and William H. Major III Hawkins & Parnell, Atlanta, for appellees.
    Case Number: A01A2139

    Although the plaintiff knew that there were multiple overhead lines in the area where he was installing metal gutters, there was no evidence that he knew that one of the lines was energized and unin