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  • McCombs v. Synthes USA

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, Martin C. Jones Hall, Booth, Smith & Slover, Tifton, and Sharon J. Whitwell, Locust Grove, for appellant.
    for defendant: Susan A. Cahoon Kilpatrick & Stockton LLP, Jenifer N. Stephens Alston & Bird LLP and Jeffrey J. Toney, Atlanta, for appellees.
    Case Number: A01A0006

    A wa on the package insert for a defective plate device was adequate and reasonable under the circumstances where the plate device failed in the exact manner encompassed by the wa

  • 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

  • Haralson v. John Deere Co.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Kelley Kitchens Kelley Gaines PC, Atlanta, for appellant.
    for defendant: Candice N. Smith and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A03A0583

    A guaranty was unenforceable where an illegible signature was the only identification of the promisor in the agre

  • Buckhorn Ventures LLC v. Forsyth County, Ga.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Peter M. Degnan and Harold Buckley Jr. Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Robert S. Stubbs III Banks, Stubbs & Neville, Kenneth E. Jarrard Jarrard & Davis LLP and Mitchell M. McKinney, Cumming, for appellees.
    Case Number: A03A0152

    O.C.G.A. § 36-30-3 a prohibits councils from binding themselves or their successors so as to prevent legislation in matters of municipal gove