• Kay-Lex Co. v. Essex Ins. Co.

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Kevin J. Bahr Mason Bahr LLP, Atlanta, for Kay-Lex Co. Gerald L. Mize Jr., Stephen L. Bracy Alston & Bird, Frederick M Valz III, Ambadas B. Joshi Carlock, Copeland, Semler & Stair LLP, Hezekiah Sistrunk Jr. and Kenneth R. Lester Cochran, Cherry, Givens, Smith & Sistrunk PC, Atlanta, for Essex Ins. Co. and others. Robert B. Wedge and Jason A. Cooper Shapiro Fussell, Wedge & Martin LLP, Atlanta, for Sysco Food Servs. of Atlanta LLC. Other party representation: Michael J. Goldman Hawkins & Parnell, and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta.
    for defendant:

    Case Number: A07A0791; A07A0792

    Appellants' notice to their insurers 12 months after fatal forklift accident occurred was untimely, since the policies clearly required notice as soon as practicable after the occurrence resulting i

  • Larmon v. CCR Enters.

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas F. Lindsay, Rossville, for appellant.
    for defendant: Dennis D. Watson Watson, Dana & Gottlieb LLP, LaFayette, for appellee. Other party representation: James H. Phillips McCamy, Phillips, Tuggle & Fordham, Dalton.

    Case Number: A07A0111

    The trial court did not err in ruling that the bus driver allegedly responsible for the plaintiff's injuries was an independent contractor, since his employment contract gave him the discretion in t

  • Purvis v. Steve

    Publication Date: 2007-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Paul M. Scott and Terry L. Readdick Brown, Readdick, Bumgartner & Carter, Brunswick, for appellant.
    for defendant: . Sherry S. Harrell, Valdosta, for appellee.

    Case Number: A06A2393

    The sole proximate cause of the accident in which a deputy collided with a deer, whose severed head struck the decedent through the windshield of her oncoming vehicle, was the deer's sudden, unfore

  • Mariner Health Care Inc. v. PricewaterhouseCoopers LLP

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. McConnell, Joseph E. Finley, David C. Kiernan and G. Lee Garrett Jones Day, Atlanta, for appellant.
    for defendant: John A. Chandler, Elizabeth V. Tanis and Drew D. Dropkin Southerland, Asbill & Brennan, Atlanta. Other party representation: Jill Pryor, Jeffrey O. Bramlett Bondurant, Mixson & Elmore, Peter Q. Bassett, Mary C. Gill Alston & Bird, Elizabeth T. Baer Meadows, Ichter & Bowers, Atlanta, and Jason L. Crawford Dougherty, Crawford, Fuller & Brown LLP, Columbus.

    Case Number: A06A1372

    The plaintiff should have been allowed to voluntary dismiss its suit claiming that the defendant/auditor caused another company, which acquired and merged with the plaintiff, to purchase the plainti

  • King v. Zakaria

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul S. Weiner, Jonesboro, for appellant.
    for defendant: Judson Graves and Brian R. Stimson Alston & Bird LLP, Atlanta, for appellee.

    Case Number: A06A0735

    The trial court did not err in granting a directed verdict in favor of the defendant doctor on a medical abandonment claim, since the plaintiff presented no evidence that the doctor violated the sta

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    Data Dangers

    Counsel share proactive measures for keeping e-discovery under control.

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  • Lee v. Thomason

    Publication Date: 2006-03-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Nicolle G. Holt, County Attorney, Willie J. Lovett Jr., Rory K. Starkey and Marina K. Duncan County Attorney's Office, Atlanta, for appellant.
    for defendant: Allen L. Broughton Broughton & Fernandez and Brian C. McCarthy, Roswell, for appellees.

    Case Number: A05A1945

    Loss of consortium damages are not absolutely dependant on proof of a loss or impairment of sexual rela

  • Jones v. Orris

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert C. Koski The Koski Firm PC, Atlanta, for appellant.
    for defendant: Sterling G. Culpepper Alston & Bird, Lori G. Cohen Greenberg Traurig LLP, Jonathan C. Peters Love & Willingham LLP, and Mary P. Tucker, Atlanta, for appellees.

    Case Number: A05A0703

    The evidence in the record did not support the plaintiff's expert's opinion regarding the proximate cause of her inj

  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:

    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • Aon Risk Servs. Inc. of Ga. v. Commercial & Military Sys. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilsen and Regina S. Molden Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Edward J. Tarver and Patrick C. Smith Jr. Hull, Towill, Norman, Bartlett & Salley, Augusta, for appellee.

    Case Number: A04A0913; A04A0917

    Unauthenticated letters were inadmissible under the business records exception to the hearsay rule where the author was not available for cross-examin