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  • Steele v. Georgia Dep't of Transp.

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis T. Cathey, David A. Sleppy Cathey & Strain, Cornelia, and Matthew T. Allen, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston and Robert C. Edwards, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: A04A1626

    The DOT is not exempt from liability for failing to conform a roadway's shoulder slope ste to generally accepted engineering and design standards after road-widening projects increased the st

  • Navajo Constr. Inc. v. Brigham

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ravelle D. Smith Vaughn & Evans, Cartersville, for appellant.
    for defendant: Sidney P. Wright, Rome, for appellees.
    Case Number: A04A2272

    The trial court erred in granting the defendants' motion for summary judgment where the plaintiff presented a prima facie claim of tre

  • White v. Kaminsky

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Larry A. Ballew, Cumming, for appellant.
    for defendant: Gregory J. Digel, Fred R. Slotkin Jr. Holland & Knight LLP and Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A04A2111

    The trial court erred in failing to apply the rules of contract construction to resolve an ambiguity in certain real property covenants with regard to the design and construction of property improve

  • Copper Tire & Rubber Co. v. Merritt

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman Mathis & Gary LLP, Atlanta, for Cooper Tire & Rubber Co. Kermit S. Dorough Jr. Divine & Dorough, Albany and Jesse G. Bowles Bowles & Bowles, Cuthbert, for Merritt.
    for defendant:
    Case Number: A04A0811; A04A0812

    Workers' compensation provided the exclusive remedy for the plaintiff's injury due to his employer's negligence in failing to maintain a faulty for

  • Handschuh v. State

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.
    Case Number: A04A0838

    The line of cases typified by Kahl v. State, 268 Ga. App. 879 2004, State v. Goolsby, 262 Ga. App. 867 2003, and State v. Lentsch, 252 Ga. App. 655 2001 are overruled to the extent they hold that p

  • Carver v. Empire Fire & Marine Ins. Co.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William B. Johnson, Jesup, for Carver and others. Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for Daniels and others. Marvin W. McGahee, Savannah, for Empire Fire & Marine Ins. Co. Clyde M. Urquhart, Woodbine, for Canal Indem. Co. Other party representation: Jeffery N. Osteen Jones, Osteen, Jones & Arnold, Hinesville, William M. McHugh Jr. Durham, McHugh & Duncan PC, Brunswick, and James E. Stein, St. Mary's.
    for defendant:
    Case Number: A04A1746; A04A1747; A04A1748

    Coverage for the plaintiffs' claims was limited by the insurance policy's exclusion for losses arising out of the use of an automobile by those persons who reside in the household of an employee, of

  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • Garmon v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A1560

    O.C.G.A. § 16-13-31 e 3 mandates a 25-year sentence for trafficking in more than 400 grams of methamphet

  • J & M Aircraft Mobile T Hangers Inc. v. Johnston County Airport Auth.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: . David S. DeLugas, Marietta, for appellee. Other party representation: J. H. Chattin The Georgia Tribe of E. Cherokee, Dahlonega.
    Case Number: A04A1646

    State courts are divested of jurisdiction by tribal courts as a matter of law only when exercised over Indians or activities on Indian

  • Allen v. Jones

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald W. Brown, Athens, for appellant.
    for defendant: . J. Hue Henry, Athens, for appellee.
    Case Number: A04A1818

    There was no evidence that the servicing agent knowingly or intentionally participated in the alleged fraud that formed the basis of the plaintiffs' RICO claim involving the sale of viatical settlem