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  • 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

  • Granados v. State

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0983

    Because the evidence showed that the crime of cocaine trafficking was, in fact, committed, the defendant was not entitled to a charge on the lesser included offense of consp

  • Espinoza v. State

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1334, A00A1335

    Evidence that the defendants traveled together as passengers in a convoy of vehicles was sufficient for the jury to infer that the defendants had at least joint constructive possession of the 25 po

  • Stamps v. Johnson

    Publication Date: 2000-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0413

    Trial court properly dismissed legal malpractice suit with prejudice since p ffs failed to file an expert affidavit with their comp

  • Palmer v. State

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael B. King and Billy J. Dixon, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A00A0632

    Evidence that defendant was leaning into the broken window of a car and that he immediately left when confronted by the car owner's son supported the jury's finding that defendant intended to commit