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  • Baxter v. Wakefield

    Publication Date: 2003-01-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: C. Cyrus Malone III, Freisem, Swann & Malone, Atlanta, for appellant.
    for defendant: Charis L. Johnson Law Office of Allen & Assoc., Atlanta, for appellee.
    Case Number: A02A1787

    The trial court's refusal to charge on joint enterprise in a case involving two speeding drivers headed to a common destination deprived the plaintiff of her theory of her case as raised by the evi

  • Pregler v. C&Z Inc.

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert J. Kiser Kiser & Assocs., Loganville, for appellant.
    for defendant: . Sharon T. McCoy and Lance T. McCoy Rich, Smith & McCoy, Marietta, for appellee.
    Case Number: A03A0119

    A non-disclosure clause was unenforceable as to inform that was not a trade secret because the clause had no time limit

  • Stokes v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A02A1668

    Evidence that the defendant threw the victim to the ground repeatedly and fell on and broke her ankle supported his conviction for aggravated ba

  • Coker v. Deep S. Surplus of Ga. Inc.

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellant.
    for defendant: Russell B. Davis, Sean L. Hynes Downey & Cleveland, Marietta, Theodore Salter Jr. Salter & Richards, and Michael J. Goldman Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A02A1359

    A safety inspection company was not immune from suit under the Workers' Compensation Act since it was not the employer's insurance carrier and had no contract or agreement with the plaintiff's empl

  • Lincoln v. Tyler

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Allen E. Lockerman IV Newman, Sapp & Lockerman LLP, Atlanta, for appellant.
    for defendant: . Donald D. Stack and Jonathan L. Schwartz Stack & Assocs. PC, Atlanta, for appellees.
    Case Number: A02A0938

    Evidence that defendants took inadequate erosion control measures in developing adjacent land and did not respond to tiffs' complaints about flooding on their property supported the fee award t

  • Crowther v. Estate of Crowther

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Hamrick Gnann Jr. Gannam & Gnann, Savannah, for appellant.
    for defendant: Robert R. Cook Hendrix Law Firm, Richmond Hill, Kimberly C. Harris and Karen D. Barr, Savannah, for appellee.
    Case Number: A02A2291

    The trial court did not abuse its discretion in refusing to allow decedent's wife to withdraw her admissions that she was married to another man when she married the decedent and that she had not d

  • Kitchens v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A02A1494

    The trial court should have suppressed the results of defendant's breath test where her consent was based at least in part on deceptively misleading information concerning the penalty for re

  • Moore v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1617

    The per se DUI defendant was entitled to a charge on the defense of accident or misfortune since the jury could have found that the fully-loaded 18 wheeler which he rear-ended on the interstate dece

  • Rose v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Elaine T. McGruder Fulton County Conflict Defender's Office, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A2254

    The defendant was not entitled to a sua sponte jury instruction on similar transaction evidence since he intentionally presented evidence of his prior drug conviction to argue that he would never ag

  • Mckee v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott A. Drake, Grayson, for appellant.
    for defendant: Jerry Rylee, Solicitor, and William B. Hollingsworth, Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A02A0906

    Evidence that defendant was traveling 10 mph and straddling both northbound of an interstate supported her convictions for DUI and failure to maintain