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  • Reichman v. Southern Ear, Nose & Throat Surgeons PC

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark Ford Anderson Dailey LP, Atlanta, for appellant.
    for defendant: Robert C. Threlkeld Morris, Manning & Martin LLP, Atlanta, for appellees. Other party representation: Kara A. Hicks and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A1994

    The Court construed an ambiguity in the plaintiff's employment contract in his favor as the non-drafting party and held that he was entitled to receive compensation, which he earned through his last

  • Upshaw v. Roberts Timber Co. Inc.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lester Z. Dozier Dozier & Sikes LLC, Macon, for appellant.
    for defendant: Joel A. Howe and Craig N. Cowart Miller, Cowart & Howe LLP, Macon, for appellee.
    Case Number: A04A0219

    Evidence of three traffic-related citations in 23 years does not demonstrate a pattern of reckless dr

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Duke v. Bachner

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . John A. Gilleland Love Willingham Peters Gilleland Monyak, Atlanta, for appellee. Other party representation: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A2293

    An assisting physician is not required to obtain the patient's consent prior to assisting in a su

  • Browner v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Anthony B. Williams and Robin R. Riggs, Assistant District Attorneys, Winder, for appellee.
    Case Number: A04A0062

    The omission of information that the informant returned all of the money to the officer along with the cocaine did not affect gistrate's finding of probable cause since the officer orally told

  • Oliver v. Sutton

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Kara A. Hicks, Paul E. Weathington and Amy M. Hoffman Allen & Weathington, Atlanta, for appellee.
    Case Number: A04A0001

    The plaintiff failed to present any evidence of damages stemming from the defendant's alleged failure to tell him he suffered from post-traumatic arth

  • Garner v. Rite Aid of Ga. Inc.

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bryan M. Pulliam and Raymond T. Brooks Jr. Pulliam & Brooks LLP, Covington, for appellant.
    for defendant: . Warner S. Fox and Christopher S. Keith Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A03A1808

    Three teenagers assumed the risk of death or serious injury from huffing b

  • Hector v. State

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maryann B. Davidson, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A0693

    The trial court did not improperly coerce the jury when it suggested that they conscientiously try to reach an agreement on a count on which they were deadlocked

  • M.J.E.S. Enters. Ltd. v. Martin

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . David S. Lipscomb, Lawrenceville, for appellee. Other party representation: Jeffrey F. Leasendale Allen & Assocs., Atlanta.
    Case Number: A03A1653

    Plaintiff was not entitled to add two defendants to her personal injury suit after expiration of the statute of limitation because defendants could not have known that, but for some mistake involvin

  • Smith v. State

    Publication Date: 2004-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Robert F. Smith, Folkston, proceeded pro se. Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    for defendant:
    Case Number: A03A1804

    The Court remanded for the trial court to consider the merits of defendant's claim that the state denied him his constitutional right to a speedy trial under the analytical framework in State v. Ba