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  • 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

  • Sumter Reg'l Hosp. Inc. v. Sumter Free Press Inc.

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael A. Fennessy Fennessy & Nettum, Americus, W. Terence Walsh and Angela T. Burnette Alston & Bird, Atlanta, for appellant.
    for defendant: . John V. Harper Harper & Barnes PC, Americus, and James F. Myers III, Columbus, for appellee.
    Case Number: A00A2055

    There was no nexus between defendant's conduct in refusing to patronize plaintiff's advertisers and any loss of plaintiff's bus

  • Brown v. Liberty County

    Publication Date: 2001-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald J. Freeman and Thomas A. Cox Jr., Atlanta, for appellant.
    for defendant: James N. Osteen, Luther K. Davis Jones, Osteen, Jones & Arnold, Hinesville, Dow N. Kirkpatrick II, Kenneth D. Steele Alston & Bird, Atlanta, Alycia D. Foggs-Anderson, Decatur, for appellees.
    Case Number: A00A2413, A00A2414, A00A2415

    The trial court was not required to hold a sua sponte evidentiary hearing before determining the amount of attorneys' fees a tax commissioner owed the county because she consented to the court-order

  • Gold Kist Inc. v. Wilson

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jay D. Bennett, Richard R. Hays and Kenneth D. Steele Alston & Bird, Atlanta for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Waycross, for appellees.
    Case Number: A00A1254

    The trial court exceeded its scope of authority on remand when it reaffirmed its prior awards to the plaintiffs based on different theories of liab

  • Kelleher v. Pain Care of Ga. Inc.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: W. McMillan Walker, Dublin, for appellant.
    for defendant: . Clifton M. Iler and Laura L. Owens Alston & Bird, Atlanta, for appellees. Other party representation: Merritt M. Wofford and H. Andrew Owen Jr. Harman, Owen, Saunders & Sweeney PC, Atlanta.
    Case Number: A00A2420

    Because the pain clinic had no right to control the doctor's treatment of his patients, the clinic was not vicariously liable for the doctor's alleged negligent acts involving a patient's overdose f