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  • In re Butterfield

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Steven E. Phillips, Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A1919

    The manner in which cross-examination is organized should be left to the attorney's discr

  • Blackwell v. Potts

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Taylor W. Jones, Jenny E. Jensen Taylor W. Jones & Assocs., William Q. Bird William Q. Bird & Assocs., and Richard E. Harris, Atlanta, for Blackwell. James T. McDonald Jr. and John S. Berry Swift, Currie, McGhee & Hiers LLP, Atlanta, for Potts.
    for defendant:
    Case Number: A03A2400; A03A2401

    The trial court abused its discretion in concluding that the legal malpractice plaintiffs were categorically restricted to the evidence already in the record when the defendants represented them in

  • Kull v. Six Flags Over Ga. II LLP

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph D. Perrotta, Louis R. Feingold Northcutt, Edwards & Feingold and Joseph H. King Jr. King & Hobbs, Atlanta, for appellant.
    for defendant: Andrew M. Gibson, Heather R. Peoples Alston & Bird LLP, and Robert E. Mulholland Savell & Williams, Atlanta, for appellees.
    Case Number: A01A2315

    The plaintiff was barred from recovering for injuries received when he fell from a ladder after being shocked while maintaining a scoreboard because his failure to comply with OSHA regulations amou

  • Knutsen v. Atlanta Women's Specialists Obstetrics & Gynecology

    Publication Date: 2003-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Grant G. Morain, Atlanta, and Duncan E. Ragsdale, Memphis, Tenn., for appellant.
    for defendant: . Susan V. Sommers, Matthew P. Lazarus, Goldner, Sommers, Scrudder & Bass, Laura C. Johnson Alston & Bird, Willard T. Bullock IV and Frederick W. Ajax Jr., Atlanta, for appellees. Other party representation: Sam Blair and Baker Donelson, Memphis, Tenn.
    Case Number: A03A2448

    The trial court tacitly allowed defendant to amend his pleadings and withdraw his alleged admission in judicio as to the date of his wife's death when it considered the entire record, including the

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • Harrell v. Federal Nat'l Payables Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: John A. Christy and Nathan M. Wheat Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Candace N. Smith Alston & Bird, Atlanta, for appellee.
    Case Number: A03A1213

    No jury question remained as to whether plaintiff's failure to extend a $10 million line of credit to the first plaintiff's real estate management company caus demise of that company and crea

  • Sumter Reg'l Hosp. V. Healthworks Inc.

    Publication Date: 2003-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Fennessy Fennessy & Nettum, Americus, and Angela T. Burnette Alston & Bird, Atlanta, for appellant.
    for defendant: Howard S. McKelvey Jr. and J. Michael Greene, Americus, for appellee.
    Case Number: A03A1535

    Plaintiff's claim for tortuous interference with business relations was based solely on the non-probative hearsay statements of the defendant doctors that the defendant hospital exerted economic pre

  • Knutsen v. Atlanta Women's Specialists Obstetrics & Gynecology

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Grant G. Morain, Atlanta, and Duncan E. Ragsdale, Memphis, Tenn., for appellant.
    for defendant: . Susan V. Sommers, Matthew P. Lazarus, Goldner, Sommers, Scrudder & Bass, Laura C. Johnson Alston & Bird, Willard T. Bullock IV and Frederick W. Ajax Jr., Atlanta, for appellees. Other party representation: Sam Blair and Baker Donelson, Memphis, Tenn.
    Case Number: A03A2448

    The trial court tacitly allowed defendant to amend his pleadings and withdraw his alleged admission in judicio as to the date of his wife's death when it considered the entire record, including the

  • Mindis Acquisition Corp. v. BDO Seidman LLP

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Oscar N. Persons, Theodore J. Sawicki, John H. Goselin II Alston & Bird and Nisbet S. Kendrick III Womble, Carlyle, Sandridge & Rice, Atlanta, for appellant.
    for defendant: Peter J. Anderson, Kristen J. Indermark and Rebecca L. Burnaugh Sutherland, Asbill & Brennan, Atlanta, for appellee.
    Case Number: A01A1774; A01A1775

    The Court of Appeals adopted the Supreme Court's judgment that the proper damages standard for a negligent misrepresentation claim is the traditional negligence standard and the amount of damages aw

  • McCombs v. Synthes

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Brian D. Rogers, Michael J. Warshauer and Lyle G. Warshauer Warshauer, Thomas, Thornton & Rogers PC, Atlanta, for appellant.
    for defendant: Lori G. Cohen and Jenifer N. Stephens Alston & Bird LLP, Atlanta, for appellee.
    Case Number: S01G1633

    Plaintiff was entitled to argue the adequacy of the manufacturer's warning to her doctor on appeal because the manufacturer based its successful motion for summary judgment on the learned intermedia