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  • Bryant v. Hoffman La Roche Inc.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird and Jonathan T. McCants Bird & Assocs., Atlanta, for appellant.
    for defendant: . Richard B. North Jr., Matthew B. Lerner Nelson, Mullins, Riley & Scarborough, Atlanta, and Leslie J. Bobo Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for appellee.
    Case Number: A03A0661

    Once a prima facie case for design defect is established, a pharmaceutical manufacturer will be relieved from strict liability only when it demonstrates that 1 the product is properly manufactured a

  • Pabey v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jacquelyn L. Johnson, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A03A0299

    The defendant was entitled to summary judgment in the civil forfeiture action brought against her under the RICO statute because the state's evidence was insuffi

  • In the Interest of V.E.H.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jean M. Kutner Kutner & Bloom, Atlanta, Michelle G. Lundy and Catherine B. Sanderson Lundy & Sanderson, Peachtree City, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Assistant Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Brenda A. Raspberry, Assistant Attorneys General, Atlanta, and James T. Chafin III, McDonough, for appellee. Other Party Representation: William D. Patten Jr., Stockbridge.
    Case Number: A03A0288

    Termination of the mother's parental rights was not warranted where DFACS presented no evidence of the mother's current circumstances or present unfi

  • Guzman v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles D. Joyner and James R. Little, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, District Attorney, Phil Wiley and Tracie J. Hobbs, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A03A0255

    Defendant, who served alcohol to a minor and allowed the minor to drive his vehicle while intoxicated, was a party to the crime of vehicular homicide after the minor lost control of the car, killing

  • Smith v. State

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cindi L. Yeager, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amy H. McChesney and Herman M. Kilgore, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A0534

    The trial court did not err in refusing to strike for cause a prospective juror who stated that she had been the victim of violent crime since the juror testified that she could render a decision b

  • In the Interest of D. B. P.

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William O. Tullis Jr., Blairsville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Stephanie B. Hope, Special Assistant Attorney General, Atlanta, and Robbie E. Colwell, Special Assistant Attorney General, Blairsville, for appellee. Other Party Representation: Riley White, Susan Ledford Union County DFCS, and John Andrews, Blairsville.
    Case Number: A03A0140

    Clear and convincing evidence supported the termination of the mother's parental rights where she continued to abuse drugs, r to end her abusive relationship with one child's putative father,

  • Reese v. City of Atlanta

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William J. Wright, Columbus, for appellant.
    for defendant: Linda K. DiSantis, City Attorney, Tuwanda R. Williams, Assistant City Attorney, and Chiquita T. Johnson City of Atlanta Law Dep't, Atlanta, for appellees.
    Case Number: A03A0896

    A police officer was officially immune from liability arising out of his arrest of the plaintiff for criminal trespass where the officer acted within his discretion and scope of auth

  • Wright v. Pine Hills Country Club Inc.

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Carl V. Walters, Thomas E. Pujadas Walters, Davis, Meeks & Pujadas, Ocilla, and Robert E. Sherrell Jay, Sherrell, Smith & Braddy PC, Fitzgerald, for Wright. Mary M. Katz Chambless, Higdon & Carson, Macon, for Pine Hills Country Club Inc. William P. Langdale III Langdale & Vallotton LLP, Valdosta, Craig N. Cowart Miller, Cowart, Cates & Howe LLP, Macon, for Newspaper Holdings Inc. E. B. Wilkin Jr., Perry & Walters, Albany, for State Farm.
    for defendant:
    Case Number: A03A0178; A03A0179

    The plaintiff presented no expert testimony contradicting the defendants' evidence that a newspaper reporter was not noticeably intoxicated when the defendants served her al

  • Reeves v. Mohawk Factoring Inc.

    Publication Date: 2003-06-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Keven K. Kenison Kenison & Dudley, and Joel F. Geer, Greenville, S.C., for appellant.
    for defendant: Richard M. Howe and Lawrence A. Silverman Howe & Assocs. PC, Alpharetta, for appellee. Other party representation: John Powers The Carpet Place, Lawrenceville.
    Case Number: A03A0371

    A jury question remained as to whether the plaintiff was entitled to collect the balance remaining on the purchase of certain carpet products sold to defendant on account by plaintiff's parent co

  • Byrd v. State

    Publication Date: 2003-06-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: G. Randolph Jeffery John W. Spence PC, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Bryan H. Frost, Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0643

    Te fact that an expert's opinion was based on hearsay went to the weight, not the admissibility of the evi