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  • Berrell v. Hamilton

    Publication Date: 2003-05-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Andrea Bennett Bennett & Assocs., Atlanta, for appellant.
    for defendant: Ashley R. Hill, Robert P. Monyak and Scott M. Patterson Love, Willingham, Peters, Gilleland & Monyak LLP, Atlanta, for appellees.
    Case Number: A03A0556

    The plaintiff failed to establish that his ophthalmologist was negligent in his post-operative treatment of plaintiff following glaucoma su

  • Rosales v. Davis

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Glenn Whitley Reinhardt, Whitley & Wilmot, Tifton, for appellant.
    for defendant: . Jon V. Forehand Allen & Forehand, Moultrie, for appellees. Other party representation: James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta.
    Case Number: A03A0030

    No direct evidence showed that defendant was driving the car that rear-ended the plaintiffs and the circumstantial evidence to the contrary was not overwhe

  • Metropolitan Property & Cas. Ins. Co. v. McCall

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for Metropolitan Property & Cas. Ins. Co. William D. Temple Temple, Strickland & Counts, Decatur, George E. Duncan Jr. and Jennifer C. Adair Duncan & Mangiafico PC, John A. Pape Jr. Allen & Assocs. and Dale C. Ray Jr. Chambers, Aholt & Rickard LLP, Atlanta, for McCall. Kenneth J. Lander McNally, Edwards, Bailey & Lander and Donald W. Osborne, Monroe, for Smallwood.
    for defendant:
    Case Number: A03A0062; A03A0063

    The named insured's son was not a permissive driver under the parties' insurance policy, since the undisputed evidence showed that he did not have a driver's license and was strictly forbidden from

  • VFH Captive Ins. Co. v. Cielinski

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David A. Webster and Sidney L. Moore Jr., Atlanta, for appellant.
    for defendant: Charles A. Gower, Columbus, for appellee.
    Case Number: A02A2406

    The jury was authorized to find that an insurance contract covered the insured when one of his cabs was involved in an accident based on the insured's testimony that he paid the monthly pre

  • Burchette v. State

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Philip C. Smith, District Attorney, Rand J. Csehy and Penny A. Penn, Assistant District Attorneys, Cumming, for appellee.
    Case Number: A02A2236

    Defendant was angry with the victims for failing to return his earnest money and he was the only person inside or near the victims' house when the intentionally set fire

  • Griffin v. Fowler

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Ott, Atlanta, for appellant.
    for defendant: Christine L. Mast, Emory L. Palmer Hawkins & Parnell, and David E. Allman, Atlanta, for appellees.
    Case Number: A02A1853

    The plaintiff's for breach of fiduciary duty failed because it was duplicative of his legal malpractice

  • Howard v. Brantley County, Ga.

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Phillip N. Golub Houston & Golub PC, Blackshear, for appellant.
    for defendant: . W. Vincent Settle III, Waycross, for appellee.
    Case Number: A03A0886

    The county could not negotiate a contract for road striping services outside of the statutory bidding process because O.C.G.A. § 32-1-3 6 expressly defines road striping as a form of road constructi

  • Ball v. Bright Horizons Children Ctr. Inc.

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James A. Shea Jr., Atlanta, for appellant.
    for defendant: Marvin A. Devlin and Chrisna J. Walker Devlin & Robinson PC, Atlanta, for appellee.
    Case Number: A02A2176

    A 4-year-old's alleged injury due to exploratory sexual play with a 6-year-old classmate at daycare was not the result of any negligence on the part of the daycare c

  • Lowery v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0218

    The defendant's trial counsel was not deficient in failing to call him to testify in his own defense where the evidence showed that the defendant was well aware of his right to testify, but agreed w

  • Benham v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David N. Vaughn Jr. and Lance T. McCoy, Cartersville, for appellant.
    for defendant: Bryant G. Speed II, District Attorney, and Mary Beth Gregoire, Assistant District Attorney, Rome, for appellee.
    Case Number: A02A2325

    The defendant was not punished more severely for exercising her right to a jury