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  • Vaillant v. City of Atlanta

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Tracey A. Moran, East Point, for appellant.
    for defendant: J. Marcus Howard Bird & Mabrey PC, Atlanta, for appellees. Other party representation: William D. Temple Temple, Strickland & Counts, Decatur, and Bradley K. Donnell McAfee & Taft PC, Oklahoma City, Okla.
    Case Number: A04A0600

    Plaintiff's only written notice of her injury claim against the city-an "Air Talk" form, which she mailed to an airport's customer service manager-did not substantially comply with statutory anti-li

  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • McKenna, Long & Aldridge LLP v. Keller

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Peter C. Canfield, Thomas M. Clyde and Marcia K. Stadeker Dow, Lohnes & Albertson, Atlanta, for appellant.
    for defendant: Neal H. Howard and William D. James Neal H. Howard & Assocs. PC, Atlanta, for appellee.
    Case Number: A04A0624

    The plai could not sue his adversary's law firm for negligence where the law firm owed no legal duty to the plai

  • Cooper v. Binion

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David R. Hughes Hughes & Bailey LLP, Atlanta, for appellant.
    for defendant: Richard G. Tisinger Jr., Kenneth B. Crawford Tisinger, Tisinger, Vance & Greer PC, Carrollton, and Brynda R. Insley Insley & Race, Atlanta, for appellees.
    Case Number: A03A2585

    A h l was not entitled to summary judgment on the grounds that its emergency room physician was an independent contractor where several relevant factors raised jury questions as to whether the

  • Urapo-Sanchez v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Andrew A. Hothem, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A04A0235

    The undercover agent's testimony that the defendant seemed calm, friendly and reassuring during their meetings and that he never showed any reluctance to participate in the transaction was sufficien

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • In the Interest of J. S. H. & J. D. H., children

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Dorothy R. Avera, Brunswick, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee. Other party representation: Donald C. Gibson, Brunswick.
    Case Number: A04A0210

    The father's failure to legitimate his child and the mother's virtual abandonment of both children supported the termination of their parental r

  • Wilkerson v. State

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John C. Culp, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Melanie J. Brogden, Assistant District Attorney, Waycross, for appellee.
    Case Number: A04A0777

    The defendant exposed and fondled his penis in front of the 9-year-old male v

  • In the Interest of R. H.

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Earle J. Duncan III, Glennville, for appellant.
    for defendant: John T. Durden, Jr., District Attorney, and Claira E. Mitcham, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A04A0766

    The juvenile was with three other boys when a can of paint was taken from a middle school construction site and he had paint on his hands when police stopped

  • Cistola v. Daniel

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John R. Grimes Lefkoff, Duncan, Grimes & Miller, Atlanta, for Cistola. Robert K. Woo Jr. King & Spalding, Atlanta, and Frederick E. Link Hartness & Link, Gainesville, for Daniel and others. Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for Odegaard and others.
    for defendant:
    Case Number: A03A2482; A03A2483

    The defendants were not entitled to a directed verdict on the plaintiff's fraud claim arising from his execution of a "corrective" quitclaim deed at the request of the defendants' real estate agent