• Copper Tire & Rubber Co. v. Merritt

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman Mathis & Gary LLP, Atlanta, for Cooper Tire & Rubber Co. Kermit S. Dorough Jr. Divine & Dorough, Albany and Jesse G. Bowles Bowles & Bowles, Cuthbert, for Merritt.
    for defendant:

    Case Number: A04A0811; A04A0812

    Workers' compensation provided the exclusive remedy for the plaintiff's injury due to his employer's negligence in failing to maintain a faulty for

  • Handschuh v. State

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.

    Case Number: A04A0838

    The line of cases typified by Kahl v. State, 268 Ga. App. 879 2004, State v. Goolsby, 262 Ga. App. 867 2003, and State v. Lentsch, 252 Ga. App. 655 2001 are overruled to the extent they hold that p

  • Henderson v. Gandy

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Venker, Andrew R. Kirschner Kirschner & Venker PC, Atlanta, and Michael W. McElroy, Peachtree City, for appellant.
    for defendant: . Paul E. Weathington, Robert T. Strang III, Simuel F. Doster Jr. Allen & Weathington PC, Jeffrey D. Braintwain Huff, Powell & Bailey LLC, Brynda R. Insley Insley & Race, and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.

    Case Number: A04A1478

    Georgia's Fair Business Practices Act does not apply to private transac

  • Rhone v. Bolden

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James T. McDonald Jr. and Jamie P. Woodard Swift, Currie, McGhee & Hiers LLP, Atlanta, for Rhone and others. Allen W. Bodiford, Stockbridge, and James B. McGinnis, Lawrenceville, for Bolden. Johannes S. Kingma, Shannon M. McKenzie Carlock, Copland, Semler & Stair, and Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for Devlin and others. Other party representation: Richard B. Maner Goodman, Hudnall, Abrams PC, Elizabeth J. Bondurant Carter & Ansley, Atlanta, and Ann J. Herrera Russell & Herrera PC, Decatur.
    for defendant:

    Case Number: A04A1596; A4A1597; A04A1598

    The trial court erred in identifying the contempt as criminal instead of civil, where the parties found in contempt were not punished for their past deeds and could purge themselves of the contempt

  • Timeless Architectural Homes Inc. v. Jones

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James W. McKenzie Jr., Duluth, for appellant.
    for defendant: Taylor W. Jones Taylor W. Jones & Assocs., Atlanta for appellee.

    Case Number: A04A2386

    Factual issues remained as to whether the parties mutually mistakenly believed that the city of Atlanta would automatically grant a single-family residential building permit to the defendant on land

  • Jones v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Alan P. Layne, Lyons, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, Russell P. Spivey and Karen J. Young, Assistant District Attorneys, Eastman, for appellee.

    Case Number: A04A2146

    The defendant admittedly knew something was going to happen, he was present during the robbery and he told one of the victims to get on the

  • Felton v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A04A2236

    Defendant's custodial videotaped statement was admissible, since the defendant twice initiated further conversation with police after requesting co

  • Carver v. Empire Fire & Marine Ins. Co.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William B. Johnson, Jesup, for Carver and others. Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for Daniels and others. Marvin W. McGahee, Savannah, for Empire Fire & Marine Ins. Co. Clyde M. Urquhart, Woodbine, for Canal Indem. Co. Other party representation: Jeffery N. Osteen Jones, Osteen, Jones & Arnold, Hinesville, William M. McHugh Jr. Durham, McHugh & Duncan PC, Brunswick, and James E. Stein, St. Mary's.
    for defendant:

    Case Number: A04A1746; A04A1747; A04A1748

    Coverage for the plaintiffs' claims was limited by the insurance policy's exclusion for losses arising out of the use of an automobile by those persons who reside in the household of an employee, of

  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.

    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • American Multi-Cinema Inc. v. Walker

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Henry E. Scrudder Jr., Aaron J. Aberson Goldner, Sommers, Scrudder & Bass LLP, David M. Atkinson Magill & Atkinson, Atlanta, for appellant.
    for defendant: . Shean D. Williams, Hezekiah Sistrunk Jr. Cochran, Cherry, Givens, Smith & Sistrunk PC, Peter A. Law, and Allen L. Broughton, Atlanta, for appellee. Other party representation: Edgar S. Mangiafico Jr. Duncan & Mangiafico PC, Atlanta.

    Case Number: A04A1475

    The trial court reversibly erred in charging the jury on ratification since the charge misled the jury into believing that the defendant could be liable based solely for retaining an off-duty offic