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  • Rite-Aid Corp. v. Davis

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John C. Bruffey Jr. and Christi L. Hodges Drew, Eckl & Farnham LLP, Atlanta, for appellant.
    for defendant: . Thomas W. Herman Westmoreland, Patterson, Moseley & Hinson LLP, Macon, for appellee. Other party representation: Lee Southwell State Board of Workers' Compensation, Atlanta.
    Case Number: A06A0682

    The plaintiff was entitled to compensation for a catastrophic injury under O.C.G.A. § 34-9-200.1 g 6, as it existed when she was injured in May 1996, because there was evidence that she could not pe

  • Banks v. City of Hampton

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellant.
    for defendant: James R. Westbury Jr. Mullins, Whalen & Westbury, Griffin, Stephanie K. Jones, Rex, and Steven M. Fincher Fincher & Hecht LLC, Jonesboro, for appellees.
    Case Number: A06A0159

    A party's financial interest in a case cannot be dispositive of whether he or she is a "nominal party" for venue purposes and venue and jurisdiction are not conferred based on the party with the gre

  • Johnson v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mario S. Ninfo Ninfo & Ross PA, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A06A0008

    The trial court erred in sentencing the defendant to serve a life sentence without parole on his convictions for rape, aggravated sodomy, aggravated assault, burglary and false imprisonment, since t

  • Smithson v. State

    Publication Date: 2006-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Ryan C. Cleveland, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A06A1101

    Marijuana plants, which were growing in areas separated by trails leading away from the defendant's mowed land and were not growing inside any structure or protected from view, were outside curtilag

  • In the Interest of C. N. I.

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bryan C. Drost Little & Drost, and Russell B. Lariscy Jr., Blue Ridge, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and Gary H. Brakefield, Blue Ridge, for appellee. Other party representation: Laura M. Crawford, Ducktown, Tenn.
    Case Number: A06A0789

    Evidence that the parents failed to obtain and maintain adequate housing or employment supported the termination of their parental r

  • Jones v. State

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John K. Gross, Metter, for appellant.
    for defendant: William S. Askew, Swainsboro, for appellee.
    Case Number: A06A0355

    The trial court erred in denying the defendant a he on his motion for new trial, since a he on the motion was scheduled and defendant took no action to waive or abandon the he

  • Green v. Home Depot U.S.A. Inc.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Millard C. Farmer Jr., Atlanta, for appellant.
    for defendant: Lloyd B. Hedrick Jr. and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellees.
    Case Number: A05A2096

    The plaintiff failed to show that a home store had actual or constructive notice of the alleged hazard-a box of light bulbs that fell on the plaintiff's head from an overhead

  • Hannah v. State

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John T. Strauss, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Amanda R. Batchelor, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A0759

    O.C.G.A. § 40-5-55 does not require the arrest of a DUI suspect to trigger the implied consent following a traffic accident resulting in serious inj

  • In the Interest of S. L. E.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joshua J. Smith, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, and Charissa A. Ruel, Assistant Attorney General, Atlanta, for appellee. Other party representation: Joel P. Thames, Bruce A. Kling, Curtis A. Kleem, Dalton, and Cynthia N. Johnson, Cohutta.
    Case Number: A05A2249

    The juvenile court erred in terminating reunification services for the father's two children, since the clear and convincing evidence did not sow that reasonable reunification efforts would be detr

  • Gulfstream Aerospace Servs. Corp. v. United States Aviation Underwriters Inc.

    Publication Date: 2006-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Christopher D. Britt and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Fred S. Clark Clark, Clark & Steinmetz, Savannah, Jon A. Kodani and Jeffrey J. Williams Law Office of Jon A. Kodani, Santa Monica, Calif., for appellees. Other party representation: J. Arthur Mozley Mozley, Finlayson & Loggins, Atlanta.
    Case Number: A06A0660

    Under the economic loss rule, ' "a party suffering only economic loss from the breach of an express or implied contractual duty may not assert a tort claim for such a breach absent an independent du