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  • Happoldt v. Kutscher

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Linwood R. Lovett, Bridgette M. Cooper and Paul R. Ayerbe Lovett, Cowart & Ayerbe, Macon, for appellant.
    for defendant: Donald J. Grate and Tracey K. Dewrell Misner, Scott & Grate, Atlanta, for appellee.
    Case Number: A02A0740; A02A0741

    Although a county subdivision review officer breached certain ministerial duties, there was no causal relationship between the breach of those duties and the road conditions alleged to have caused t

  • Willett v. Russell M. Stookey PC

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Donald E. Dyches Jr., Savannah, for appellant.
    for defendant: Michael J. Hannan III Love & Willingham, Atlanta, Inman G. Hodges Oliver, Maner & Gray, Ryburn C. Ratterree and Tracy A. O'Connell Ellis, Painter, Ratterree & Bart LLP, Savannah, for appellees.
    Case Number: A02A0817; A02A1214

    The trial court reversibly erred in allowing the defense to bolster its impeachment of plaintiff by introducing prejudicial and irrelevant details of his prior c

  • Flournoy v. Goble

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William P. Franklin Jr. and Terri M. Yates Oliver, Maner & Gray, Savannah, for appellant.
    for defendant: Ronald W. Hallman, Claxton, and Berrien L. Sutton Sutton & Assocs. PC, Homerville, for appellees.
    Case Number: A02A0436; A02A0437

    The verdict awarding the plaintiff damages for personal injuries in a medical negligence action was inconsistent with the verdict denying her husband damages for loss of conso

  • Cohen v. Target Corp.

    Publication Date: 2002-07-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: Scott D. Delius Gray, Rust, St. Amand, Moffett & Brieske, Thomas E. Magill Magill & Atkinson and Eric S. Proser Hamilton, Westby, Antonowich & Anderson, Atlanta, for appellees. Other party representation: Alexander Gordon Cobb, Grabbe, Spiller & Irwin, Atlanta.
    Case Number: A02A0703

    Because the plaintiff provided no evidence that the defendants negligently constructed or maintained a concrete incline in front of their premises, that the incline violated any building code or tha

  • In re Waitz

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Darel C. Mitchell, Lawrenceville, for appellant.
    for defendant: Michael J. Powell Baker, Donelson, Bearman & Caldwell, Edmund J. Novotny Jr., Charles R. Bridgers DeLong, Caldwell, Novotny & Bridgers LLC, Suzanne K. Lehman, Atlanta, and J. Marc Vezina, Gretna, La., for appellee.
    Case Number: A02A0768

    An ey's failure to present documentation showing that he obtained protected information from independent sources supported the trial court's finding of civil and criminal contempt based on the

  • Sass Enters. Inc. v. Swift

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert J. Kaufman and Charlotte K. Perrell Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: William J. Williams Johnston, Wilkin & Williams, Edward B. Stalnaker and John L. Thompson, Augusta, for appellees.
    Case Number: A02A0507

    The mandatory arbitration clause contained in the parties' contract for the purchase of a perpetual care cemetery unambiguously expressed their intent to arbitrate all disputes arising out of an all

  • Prillaman v. Sark

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey H. Dover, Atlanta, for appellant.
    for defendant: William T. Casey Jr. and Lisa K. Whitfield Hicks, Casey & Barber PC, Marietta, for appellees.
    Case Number: A02A0527

    A question of fact remained as to whether plaintiff assumed the risk of a cheerleading stunt that her instructor pressured her to execute on an asphalt surface in violation of industry safety stan

  • Blouin v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael A. Zoffman, Atlanta, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Irvan A. Pearlberg and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0600

    The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility

  • Kelly v. State

    Publication Date: 2002-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Eric R. Gotwalt Zipperer & Lorberbaum PC, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Michael K. Dennard, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A0816

    The victim positively identified the defendant as the man who came to the residence where she was visiting, dragged her into the backyard and slit her t

  • State v. Calhoun

    Publication Date: 2002-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gerald N. Blaney Jr., Solicitor, Jeffrey P. Kwiatkowski and Gary S. Vey, Assistant Solicitors, Lawrenceville, for appellant.
    for defendant: Glyndon C. Pruitt, Buford, for appellee.
    Case Number: A02A0823

    The officer's legitimate concern for public safety after he saw the DUI defendant make an erratic left turn justified a limited