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  • Gilmore v. State

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Larkin M. Lee and Bentley C. Adams III Virgil Brown & Assocs., Zebulon, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Mark S. Daniel, Assistant District Attorney, McDonough, Richard G. Milam, District Attorney, Barnesville, and James L. Moss Jr., Assistant District Attorney, Jackson, for appellee.
    Case Number: A99A2367

    Evidence supported the trial court's determination that the defendant's driving ability was impaired at the time of the accident even though the defendant claimed that the alcohol in his system was

  • Multifamily Mortgage Trust 1996-1 v. ARA Assocs.-Shangri-La Ltd.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank W. Deborde, Robert C. Threlkeld and Beth E. Rogers Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: . James K. Quillian, William M. Droze and Thomas E. Reilly Troutman Sanders, Atlanta, for appellees.
    Case Number: A99A2228

    The trial court had to look at the intent of the parties to determine whether the plaintiff could deduct the costs of extensive repairs to its apartment complex as operating expenses under an agreem

  • Gray v. Oliver

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Mark R. Marden, Woodstock, for appellant.
    for defendant: Norman R. Miller McLaughlin, Hendon & Miller, Atlanta, for appellees.
    Case Number: A00A0537

    Plaintiff could not recover from subdivision owner for injuries she received when she slipped on the curved slope of an open and obvious curbside drainage cu

  • Ellis v. Five Star Dodge Inc.

    Publication Date: 2000-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Thomas F. Jarriel Lane & Jarriel, Macon, for appellant.
    for defendant: . Sarah Harper, O. Hale Almand Jr. and Samuel G. Alderman III Almand & Wiggins, Macon, for appellee.
    Case Number: A00A0348

    Defendant failed to show excusable neglect supporting the opening of default, since it did not make sure its insurance carrier had received plaintiff's complaint or that an answer was

  • Hyatt Corp. v. Cook

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: M. Brice Ladson, Jeffrey M. Rutledge and Christopher J. Thompson Ladson & Suthers LLP, Savannah, for appellant.
    for defendant: Douglas G. Andrews, Savannah, for appellee.
    Case Number: A99A1770

    Hotel was not liable for plaintiff's arrest by the off-duty police officer it hired to provide security on New Year's Eve, since it did not instruct the officer on how to fulfill his security d

  • Jackson v. K-Mart Corp.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Rita T. Williams and John H. Armwood Williams & Armwood, Decatur, for appellant.
    for defendant: F. Earl Wiggers Jr. F. Earl Wiggers PC, Atlanta, for appellee.
    Case Number: A00A0388

    Plaintiff's speculation that she tripped over a floor mat that had rolled up due to a gust of wind did not establish that a hazardous condition ex

  • Johnson v. Rodier

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: David J. Grindle, Columbus, for appellant.
    for defendant: Carter R. Page Hatcher, Stubbs, Columbus, for appellee.
    Case Number: A99A2314

    Plaintiff did not need an expert affidavit to support his claims that defendant physician intentionally breached his privacy and interfered with his employment by informing his employer that he was

  • Dixon v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert M. Goldberg, Roswell, and Michael E. Bergin Law Office of Michael E. Bergin, Fairburn, for appellant.
    for defendant: . Dennis R. Fortin, Decatur, Jeffrey E. Tompkins Thomas, Kennedy, Sampson & Patterson, Walter B. McClelland and Jo B. Gosdeck Chambers, Mabry, McClelland & Brooks, Atlanta, for appellees. Other party representation: Lee A. Frison Jr. Ward & Frison PA, Newnan.
    Case Number: A99A2221

    The trial court's elimination of all but one of plaintiffs' claims based on its sua sponte ruling that the claims were barred by collateral estoppel and res judicata did not give the plaintiffs fair

  • Howard v. Gourmet Concepts Ntl. Inc.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Steven L. Beard, Marietta, for appellant.
    for defendant: Henry L. Pruett Swift, Currie, McGhee & Hiers, Atlanta, for Gourmet Concepts and Atlanta Scapes. Bernard Knight, Daniel S. Digby, Assistant County Attorneys, and Elizabeth T. Marinelli DeKalb County Law Dep't, Decatur, for DeKalb County. Other party representation: Clyde E. Rickard III Chambers, Mabry, McClelland & Brooks, R. Phillip Shinall III, Daryl G. Clarida Holland & Knight LLP, Christopher E. Penna, Derek A. Mendicino Johnson, Kayne & Penna PC, Sabrina K. Bozeman and George H. Connell Jr., Atlanta.
    Case Number: A00A0450, A00A0451

    Even if the defendants' trees and shrubbery obstructed the road, they did not contribute to the accident between the plaintiff and a driver who crossed the centerline while spe

  • In the Interest of A.B.S.

    Publication Date: 2000-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Edward T.M. Garland and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A0549

    Even though the juvenile used his fingernails to scratch an "X" from his shoulders to his waist in response to discipline at the detention center, he was not committable because medication controlle