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  • Williams v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald P. Word and Jason W. Swindle Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2193

    The victim's prior unprosecuted molestation accusation was inadmissible in the absence of evidence that the accusation was

  • Ken Thomas of Ga. Inc. v. Halim

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles B. Marsh and Anandhi S. Rajan Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Cary S. King Slater, King & Gross, Atlanta, for appellee. Other party representation: Victor J. Faenza Bridges, Ormand & Faenza, Atlanta.
    Case Number: A03A2120

    The doctrine of res ipsa loquitor was not applicable to a 1-car accident since some evidence showed that the accident resulted from negligent driving or that the alleged steering malfunction could h

  • Saxon v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1674

    The defendant repeatedly drove his companion to daycare parking lots where she carried out car break-ins and thefts and drove her to establishments where she forged the stolen c

  • Total Supply Inc. v. Pridgen

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John W. Mrosek, Fayetteville, for appellant.
    for defendant: Michael J. Moore, Warner Robins, for appellee.
    Case Number: A04A0632

    A jury question remained as to whether laches barred the plaintiff's constructive trust claim based on the running of the 4-year statute of limitations on it alternative legal rem

  • Rouse v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Andrew J. Hinton Jr. Hinton & Powell, Atlanta, for appellant.
    for defendant: Malcolm Smith and Kevin A. Doyle Lokey & Smith, Atlanta, for appellees.
    Case Number: A03A2492

    A question of fact remained as to whether the defendants were obligated to install a safety feature specially designed to avoid the type of injury that the plaintiff received on an escalator in a tr

  • Pope v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A03A2186

    The evidence authorized the jury to find the defendant guilty as a party to the crimes of armed robbery, kidnapping, false imprisonment, burglary and aggravated assault with a deadly weapon arising

  • Lowery v. Atlanta Heart Assoc. PC

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Louis R. Feingold Northcutt, Edwards & Feingold, Atlanta, for appellant.
    for defendant: Paul E. Weathington and John D. Hocutt Allen & Weathington PC, Atlanta, for appellee. Other party representation: James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A04A0193

    It was the plaintiff's duty to obtain a ruling on his motion to extend the period for filing an expert affidavit in his medical malpractice action, and the failure to do so before the trial court gr

  • State v. Gomez

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, and Gary S. Vey, Assistant Solicitor, Lawrenceville, for appellant.
    for defendant: Martin M. Del, Atlanta, for appellee.
    Case Number: A03A2347

    The state court should not have considered the defendant's untimely motion to suppress DUI evi

  • Bennett v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for Bennett. Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for Jacobs. Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant:
    Case Number: A03A2439; A03A2440

    The trial court's error in admitting the defendant's statement in violation of the co-defendant's Sixth Amendment rights under Bruton was harmless, since the evidence against the co-defendant was ov

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro