Filter This View

  • Pendley v. Southen Reg'l Med. Sys. Inc.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Donald W. Johnson The Johnson Law Firm, Fayetteville, for appellant.
    for defendant: . Lori G. Cohen, R. Scott Campbell Greenberg Traurig LLP, Paul E. Weathington and Stanley P. Riepe The Weathington Firm, Atlanta, for appellee.
    Case Number: A10A0869

    No evidence showed that the decedent's attending doctor was anything other than an independent contractor working for the defendant hos

  • Johnson v. Leibel

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird Bird & Assocs., Atlanta, Jenny E. Jensen and Richard E. Harris Jones, Jensen & Harris, Norcross, for Johnson. Michael J. Goldman, Christine L. Mast, Joseph H. Wieseman Hawkins & Parnell LLP, Michael J. Bowers and David J. Marmins Balch & Bingham, Atlanta, for Liebel. Other party representation: Peter H. Schmidt II Taylor, Odachowski, Sperry & Crossland LLC, St. Simons Island.
    for defendant:
    Case Number: A10A1047; A10A1048

    The trial court erred in granting a new trial in a legal malpractice case, because a juror's failure to disclose during voir dire that appellant attorney represented the plaintiff in a 1992 case aga

  • Shaw v. Robertson

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lisa T. Millican, Atlanta, for appellant.
    for defendant: Monica K. Gilroy, Tania T. Trumble Dickenson Gilroy LLC and James K. Creasy III, Atlanta, for appellees.
    Case Number: A10A1314

    Since reasonably accessible public documents, namely FEMA maps, would have revealed that the property in question was located in a flood zone, the sellers did not have a burden to disclose such

  • Scoggins v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Ramon Alvarado and Kavan S. Grover, Lawrenceville, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Marietta, and Erica K. Dove Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A10A1427

    Police had probable cause to arrest the defendant for DUI-less safe under the circumst

  • Santos v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2311

    The defendant's repeated refusal to keep his hands away from the pockets of his baggy clothes, his nervous demeanor, the presence of his two companions and the officer's knowledge of the pattern of

  • Barnes v. Morgantown Baptist Ass'n Inc.

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brad C. Kaplan and James I. Seifter, Marietta, for appellant.
    for defendant: . Joseph C. Parker Downey & Cleveland, Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, Barbara A. Marschalk Drew, Eckl & Farnham, William E. Gray II Gray, King, Chamberlin & Martineau LLC, Heather H. Miller Carlock, Copeland & Stair LLP, Assunta S. Fiorini Dennis, Corry, Porter & Smith LLP, David T. Markle Mabry & McClelland LLP, Brian C. McCarthy, Atlanta, Michael D. Birchmore, Blue Ridge, and Laura V. Benesh, Suwanee, for appellees. Other party representation: Sarah-Elizabeth Herrup Drew, Eckl & Farnham LLP, Sarah G. Adle Gray, King, Chamberlin & Martineau LLC, Atlanta, Mary E. Priest Downey & Cleveland LLP, Marietta, and William R. Youngblood, Suwanee.
    Case Number: A10A1092; A10A1093

    The retaining wall off of which the decedent and his bicycle fell was an open and obvious condition, which the decedent could have avoided by the exercise of ordinary

  • The Martha K. Wayt Trust v. City of Cumming

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Richard N. Hubert and Nicholas S. Papleacos Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Dana B. Miles and Kevin J. Tallant Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A10A1137

    The trial court did not err in ruling inadmissible the appellants' witness's testimony concerning the estimate for the cost to build a bridge over a waterway to cure the appellants' lost usage, afte

  • Jacobson v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & McFarland PC, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Amy K. Radley and Donna S. Gopaul Solicitor's Office, Cumming, for appellee.
    Case Number: A10A2041

    Intoxilyzer 5000 maintenance logs are not even relevant enough to be discoverable pursuant to O.C.G.A. § 40-6-39

  • Gilbert v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James C. Bonner Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, for appellee.
    Case Number: A10A1403

    The defendant did not have standing to contest the trial court's grant of use immunity to his codefendant because it was not part of the proceedings agains

  • Hurt v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Dwight L. Thomas, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Kelly A. McMichael, Assistant Solicitor, Decatur, for appellee.
    Case Number: A10A2229

    The roadblock which led to the defendant's arrest satisfied the constitutional man