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  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa

  • Johnson v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A06A1870

    Convictions for aggravated child molestation and attempted aggravated child molestation reversed as de counsel was deficient for failing to prepare for trial and present a de

  • Perez v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bentley C. Adams III and Wayne H. Basford Public Defender's Office, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Forest L. Miles, Assistant District Attorney, Dalton, for appellee.
    Case Number: A06A2472

    Convictions reversed, since defense counsel was deficient in not moving to suppress the evidence discovered as the result of an illegal search of the defendant's person prior to his a

  • Marwede v. EQR/Lincoln Ltd. Partnership

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William R. McCracken, Augusta, for appellant.
    for defendant: Thomas E. Magill and Jason S. Nochimson Magill & Atkinson LLP, Atlanta, for appellee.
    Case Number: A06A2379

    O.C.G.A. § 9-11-15 did not require the defendant to file an answer after the plaintiff substituted it for another defendant in an already existing injury suit, which named multiple defen

  • McClain v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall M. Clark, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jonathan R. Miller III District Attorney's Office, Brunswick, for appellee.
    Case Number: A06A2115

    Given the overwhelming evidence, the defendant could not show prejudice from defense counsel's strategic decision not to object to questioning, which referred to defendant's invocation of his right

  • Nemeth v. RREEF Am. LLC

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Glenn A. Loewenthal Berger, Collier & Loewenthal LLC, Atlanta, for appellant.
    for defendant: Benny C. Priest Hicks, Casey & Foster PC, Marietta, and Alisa W. Ellenburg Allen, Kopet & Assocs. PLLC, Atlanta, for appellees.
    Case Number: A06A2373

    The uneven and unstable surface of the patio where the plaintiff fell was a static defect, which plaintiff presumably knew about, because he had already successfully traversed the

  • Hammontree v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Richard E. Currie, District Attorney, and Kurt J. Martin, Douglas, for appellee.
    Case Number: A06A2367

    Defendant's actions on night in question, when he repeatedly made inappropriate sexual comments to his daughter's 15-year-old overnight guest and exposed his erect penis to her, were admissible as

  • Anaya-Plasencia v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mark A. Yurachek The Law Offices of Mark A. Yurachek & Assoc., Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nancy J. Dupree, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A06A1919

    Mexican national's statement to police was voluntarily given, even though he was not advised of his right to consulate notification under the Vienna Conve

  • Putzel Elec. Contractors Inc. v. Jones

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: R. Napier Murphy and William R. Shelton Jr. Murphy & Sibley PC, Macon, for appellant.
    for defendant: . Henry S. Barnett, Atlanta, for appellee. Other party representation: Lee Southwell Board of Workers' Compensation, and Mark J. Goodman Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A06A1039

    The employee's workers' compensation claim for work-related asbestosis was timely filed pursuant to O.C.G.A. § 34-9-281, since he filed it within one year of first learning of the causal connection

  • Layfield v. Department of Transp.

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Webb Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    An expert's opinion regarding the proximate cause of an accident was not speculative and the expert's credibility was a matter for the jury to d