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  • Jack v. State

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Eric R. Gotwalt, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Margaret E. Heap, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A1462

    Defendant's pre-Miranda custodial statement to police that "I should have shot all four of them" was admissible because defendant voluntarily made the statement outside of any interrog

  • Georgia Farm Bureau Mut. Ins. Co. v. John Deere Ins. Co.

    Publication Date: 2000-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Charles A. Wiley Jr. and Kim M. Jackson Fain, Major, Wiley & Brennan PC, Atlanta, for appellant.
    for defendant: William S. Sutton McLain & Merritt PC, Atlanta, for appellee. Other party representation: Thomas C. Rowsey, Cumming, and Mark A. Smith III, Atlanta.
    Case Number: A00A0522

    Insurance company was not entitled to summary judgment on issue of coverage because jury question remained as to whether company's insured reasonably believed he was entitled to drive the car he wr

  • Arrington v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Sheila A. Connors, Assistant District Attorney, Decatur, and Capt. Maria Murcier-Ashley, Atlanta, for appellee.
    Case Number: A00A0669

    Evidence that defendant acted in concert with his accomplices in robbing and shooting the victim proved he was a party to the c

  • Terrell v. State

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Mark A. Gomez, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A00A0442

    Defendant's conviction could not stand because the state failed to prove that victim was under 16 years old when defendant allegedly moleste

  • Allen v. Columbus Bank & Trust Co.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David. J. Grindle, Columbus, for appellant.
    for defendant: W.G. Scrantom Jr. and William L. Tucker Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellee.
    Case Number: A00A0839

    There was no evidence of concealment or fraud by bank that deterred plaintiff from discovering a breach of bank's fiduciary duty and tolled the 10-year statute of limitation on plaintiff's claim of

  • Ogletree v. Navistar Int'l Transp. Corp., d/b/a Int'l Harvester

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John J. Barrow and Gene M. Winburn Winburn, Lewis & Barrow PC, Athens, for appellant.
    for defendant: . Richard B. North, Jeffrey S. Burton Nelson, Mullins, Riley & Scarborough LLP and Tara R. Simkins Hull, Towill, Norman, Barrett & Salley, Augusta, for appellee.
    Case Number: A97A0368

    Manufacturer's failure to install back-up alarm on the truck that backed over decedent was too remote a factor to constitute the proximate or legal cause of decedent's

  • Birnbrey, Minsk & Minsk v. Yirga

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hollis C. Cobb Greer, Klosik & Daugherty, Atlanta, for appellant.
    for defendant: Joe A. Weeks, Avondale Estates, for appellee. Other party representation: Lisa K. Whitfield, Ronald D. Reemsnyder Welch, Spell, Reemsnyder & Pless PC and Cynthia J. Becker Chamers, Mabry, McClelland & Brooks, Atlanta.
    Case Number: A00A0267

    Absent evidence that defendant's employee was noticeably intoxicated at its holiday luncheon, the defendant was not liable for the accident involving the employee several hours

  • Jackson v. City of Hahira

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rodney L. Allen, Moultrie, for appellant.
    for defendant: . Susan H. Sumner and James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellee. Other party representation: J. Converse Bright, Valdosta.
    Case Number: A00A0511, A00A0512

    City's alleged failure to keep its railroad ing signs visible with fresh paint could not have caused plaintiff to collide with a train, since it was undisputed that she stopped and looked befor

  • Allen v. State

    Publication Date: 2000-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Ann S. Brumbaugh and Thomas W. Csider, Assistant Solicitors, Decatur, for appellee.
    Case Number: A00A0943

    Defendant should receive credit for the 41 days he spent in jail awaiting trial after his arrest on a bench warrant, since defendant's confinement was due to the criminal charges against him, not t

  • Bennett v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brett D. Turner Turner & Willis PC, Gainesville, and Teresa O.P. Weiner, Jonesboro, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Lisa A. Jones, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A0898

    Defendant's request for a jury pursuant to O.C.G.A. § 17-7-170 was not a demand for a speedy