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  • Worthy v. The Beautiful Restaurant Inc.

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James A. Goldstein, Atlanta, for appellant.
    for defendant: Douglas G. Scribner, Gerald L. Mize Jr. and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A01A1492

    Even if the premature birth of plaintiff's child was unforeseeable, defendant could have foreseen that its alleged improper handling of food could make plaintif

  • Shortnacy v. North Atlanta Internal Med. PC

    Publication Date: 2001-11-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Clinton W. Sitton and Robert H. Benfield Jr., Atlanta, for appellant.
    for defendant: . Jonathan C. Peters, Vicki M. Miller and Michael T. Carithers Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A0953

    The trial court did not abuse its discretion in opening defendants' default where defendants reasonably believed that their malpractice insurer was defending plaintiffs'

  • Mansour Properties LLC v. Reinhardt College Inc.

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Peter M. Degnan and Lori P. Hughes Alston & Bird, for appellant.
    for defendant: . John D. Cline Dana M. Thompson & Assocs., Canton, John P. O'Brien, Daniel E. Tranen Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A01A1059

    Third-party investors had no rights under a real estate sales contract which provided for the payment of a broker's commi

  • The William L. Bonnell Co. v. Coweta County Bd. of Tax Assessors

    Publication Date: 2001-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Timothy J. Peaden and Mary T. Benton Alston & Bird, Atlanta, for appellant.
    for defendant: Jerry A. Conner and Asa M. Powell Jr., Newnan, for appellee.
    Case Number: A02A0060

    The of tax assessors should have allowed the taxpayer to retroactively amend its freeport ad valorem tax exemption application to reflect the increase in the value of its inventory based on th

  • Ray v. Scottish Rite Children's Med. Ctr. Inc.

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert J. White, Woodstock, for appellant.
    for defendant: . Dow N. Kirkpatrick II, Robert P. Riordan and Christopher A. Riley Alston & Bird, Atlanta, for appellee.
    Case Number: A01A1495

    Plaintiffs' claims against a hospital for negligent retention of the doctor who cared for their son were barred by the medical malpractice statute of limitation and statute of r

  • Kmart Corp. v. Morris

    Publication Date: 2001-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Grant Alston & Bird, and Nowell D. Berreth, Atlanta, for appellant.
    for defendant: Jonathan C. Peters, Michael T. Carithers and Allen S. Willingham Love & Willingham LLP, Atlanta, for appellees.
    Case Number: A01A1166

    Evidence that the premises owner knew an automatic door would open towards incoming patrons under certain circumstances supported a finding that its knowledge of the danger was superior to plaint

  • Williamson v. Coastal Physician Servs. of the S.E. Inc.

    Publication Date: 2001-09-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lance D. Lourie, Stephen R. Chance, Joseph W. Watkins Watkins, Lourie & Roll LLP, and Richard W. Summers, Atlanta, for appellant.
    for defendant: . John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Robert D. McCallum Jr., Elizabeth Bertschi Alston & Bird, and Michael J. Hannan III Love & Willingham, Atlanta for appellees.
    Case Number: A01A1366

    A medical staffing service was not vicariously liable for the actions of its independent contractor who treatment plaintiff's husband in the emergency room two weeks before he

  • McCall v. Henry Med. Ctr. Inc.

    Publication Date: 2001-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Curtis A. Thurston Jr., Atlanta, for appellant.
    for defendant: Robert L. Goldstucker Nall, Miller, Owens, Hocutt & Howard, Atlanta, Rod G. Meadows and Bonnie L. Baker Meadows & Futch PC, Stockbridge, for appellee. Other party representation: Jack S. Schroder Jr., Kevin E. Grady, Angela T. Burnette Alston & Bird, Atlanta, and Mark L. Stuckey Law Offices of Charles L. Ruffin, Macon.
    Case Number: A01A0586

    A m center was not automatically immune under O.C.G.A. § 31-7-132 a from plaintiff's claim that it was negligent in granting m privileges to the surgeon who operated on plaintiff on the

  • Golden Peanut Co. v. Bass

    Publication Date: 2001-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jay D. Bennett, Candace N. Smith and Paul J. Kaplan Alston & Bird, Emmet J. Bondurant and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Benjamin F. Easterlin IV, Griffin B. Bell, Michael C. Russ and John P Brumbaugh King & Spalding, for appellee. Other party representation: Frank M. Lowrey IV Bondurant, Mixson & Elmore, Atlanta, Evans J. Plowden Jr. and Dawn G. Benson Watson, Spence, Lowe & Chambless, Albany.
    Case Number: A00A2362

    Evidence that a disputed payment was conditional on its acceptance as payment in full required the trial court to comply with a written request to issue part B of the pattern charge on accord and sa

  • Crenshaw v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jeremy A. Moulton Moulton & Massey, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A1927

    Under the totality of the evidence, the jury was free to disregard a defense witness's testimony that only he possessed the co