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  • Cartersville City Schools et al. v. Johnson

    Publication Date: 2018-05-03
    Practice Area: Administrative Law | Civil Appeals | Occupational Safety and Health
    Industry: Education | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Adam Grafton (Bovis, Kyle & Burch, LLC), Atlanta; Joshua Saunders (Bovis Kyle Burch & Medlin), for appellant.
    for defendant: S. Tate (Akin & Tate), Cartersville, for appellee.
    Case Number: A17A1469

    The superior court was authorized to set aside the State Board of Workers Compensation Appellate Division's decision, thus reinstating the award of benefits to the claimant, because the Appellate Division misconstrued the legal framework for determining whether an injury arose out of employment and therefore rendered a decision contrary to law.

  • Cherokee Main Street, LLC v. Ragan

    Publication Date: 2018-03-22
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brandon Day, Jerald Hanks (Hanks Brookes, LLC), Atlanta, for appellant.
    for defendant: William Akin, S. Tate (Akin & Tate, LLC), Cartersville, for appellee.
    Case Number: A17A1819

    Accident Victim Who Was Aware of Risk at Unmarked Crossing And Knowingly Stepped in Front of Approaching Car Had Superior Knowledge of Hazard

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.