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  • Sagon v. Peachtree Cardiovascular & Thoracic Surgeons PC

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven K. Leibel, Dahlonega, for appellant.
    for defendant: . Shun Daugherty and Terrell W. Benton III Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    Case Number: A08A2122

    The jury charges as given provided a full and correct statement of the law regarding the standard of care, which applied to all of the professional health care providers involved, and were not confu

  • In the Interest of J. M. B.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James R. Baker Kirby & Roberts PC, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Evan L. Stapler, Bremen, for appellee.
    Case Number: A08A2029

    The juvenile court erred in denying the mother's request for co

  • In the Interest of A. A. M.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Chestley N. Merritt, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Johnathan C. Gaskin, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A09A0553

    No evidence showed that the juvenile or an alleged accomplice had possession of the stolen property and no witness to the burglary test

  • Daniels v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall K. Strozier III, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2091

    The Court of Appeals affirmed the defendant's convictions for aggravated assault, false imprisonment and firearms off

  • Giannotti v. Beleza Hair Salon Inc. d/b/a Beleza Salon

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Andrew C. Desautel, Atlanta, for appellant.
    for defendant: . Sharon E. Andrews Law Offices of Harvey G. Berss, Duluth, for appellees.
    Case Number: A08A1728

    Whether it would violate the standard of care for a cosmetologist to apply heat during a coloring treatment, when the instructions state that additional heat sources are not required, was not an adm

  • Smith v. Chemtura Corp.

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Ralph J. Villani Villani & Assocs. PC, Snellville, for appellant.
    for defendant: . John J. Dalton, Kevin A. Maxim and Merle R. Arnold III Troutman Sanders LLP, Atlanta, for appellees.
    Case Number: A08A1952

    The plaintiffs failed to state a claim for attractive nuisance, since such a theory is unavailable to adult plaintiffs and no evidence showed that any of the children plaintiffs were trespassing on

  • Cook v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2070

    The defendant had the right to represent himself on appeal if he adequately waived his right to counsel and elected to exercise his constitutional right to

  • Sims v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James E. Watkins, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2206

    The defendant beat a deputy in his head and face, causing a concussion and bone fra

  • Hornsby v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Steven P. Berne, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Eric C. Crawford, District Attorney, Monroe, for appellee.
    Case Number: A08A2427

    Absent a showing of prejudice or bias, the trial court did not abuse its discretion in refusing to strike two prospective jurors, who knew the investigating off

  • St. Fleur v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Gail M. Travillian, Assistant District Attorney, Griffin, and Stephen N. Knights Jr., Solicitor General, Jonesboro, for appellee.
    Case Number: A08A1971

    Officers did not improperly prolong the duration of the defendant's lawful traffic stop in having a drug dog perform a free-air sniff less than five minutes of the stop and while one of the officers