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  • The Clo White Co. v. Lattimore

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William S. Cowsert, Athens, and Mark W. Wortham Hicks, Casey, Barber PC, Marietta, for appellant.
    for defendant: Raymond V. Giudice and Mark E. Bussey Bussey & Giudice, Atlanta, for appellee. Other party representation: J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens.
    Case Number: A03A1366

    Some evidence showed that defendant's employee was on his cell phone and calling his employer when he was involved in a motor vehicle accident with the plai

  • McMillian v. State

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lon P. Kemeness, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A03A1972

    The trial court did not abuse its discretion in excluding evidence of the victim's prior allegedly false accusations of molestation where the victim explained why she recanted her accusation against

  • Fraser v. State

    Publication Date: 2003-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Thomas, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Frank T. Gomez, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A03A0959

    Evidence that the defendant was driving at 24 mph above the posted speed limit in a residential area supported his reckless driving convi

  • Guida v. Lesser

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Neal H. Howard and William D. James Neal H. Howard & Assocs. PC, Atlanta, for appellant.
    for defendant: . Paul E. Weathington and John D. Hocutt Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A03A1105

    The defendants' could not be held liable for the death of plaintiff's hu s from apparent cardiac arrest where the defendants had no doctor-patient relationship with the hu

  • Blaney v. O'Heron

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Albert M. Pearson III and Nicholas C. Moraitakis Moraitakis, Kushel, Pearson & Gardner LLP, Atlanta, for appellant.
    for defendant: . Hunter S. Allen Jr. and Kara A. Hicks Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A0698

    The Court of Appeals adopted the Supreme Court's judgment that O.C.G.A. § 19-7-5 provides immunity for those who have reasonable cause to report suspected child abuse and for those who make such a r

  • McCaskill v. Carillo

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Francis C. Shenck Hartford Ins., Atlanta, for appellant.
    for defendant: Samuel S. Olens Ezor & Olens PC, Kenneth A. David, Michael R. Martin Swift, Currie, McGhee & Hiers LLP, and William H. Buckley, Atlanta, for appellee.
    Case Number: A03A1261

    The plaintiff failed to show that the def assumed any contractual duty to protect or warn employees of difference in height between a bare concrete floor and 3/8-inch thick carpet that the de

  • Allen v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Fanning Fanning & Hudson, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A03A1142

    Defendant forfeited his right to open and close arguments when his counsel read the victim's handwritten during cross-examination of the detective who found a Mother's Day card containing the

  • In the Interest of M. M.

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: T. Rabb Wilkerson III, Warner Robins, for appellant.
    for defendant: in A03A1174. Lisa J. Allen, APO, AE, for appellant in A03A1175. Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Walter G. Sammons Jr., Warner Robins, for appellee. Other party representation: Jon A. Nixon, Warner Robins.
    Case Number: A03A1174; A03A1175

    The evidence did not support termination of the mother and father's parental rights where there was no evidence of continuing domestic abuse and both parents cooperated with DFACS, maintained stable

  • Garrett v. State

    Publication Date: 2003-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Elizabeth H. Eason, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A03A2043

    Defendant's improper conviction for possession of crime tools was harmless where that conviction merged with his armed robbery conviction for sentencing pur

  • Sutton v. State

    Publication Date: 2003-10-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Donald B. Lowe III, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Jon Hope, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1158

    Given the charge as a whole, the trial court's slip-of-the-tongue during instructions could not have confused or misled the