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  • Lowery v. Atlanta Heart Assoc. PC

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Louis R. Feingold Northcutt, Edwards & Feingold, Atlanta, for appellant.
    for defendant: Paul E. Weathington and John D. Hocutt Allen & Weathington PC, Atlanta, for appellee. Other party representation: James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A04A0193

    It was the plaintiff's duty to obtain a ruling on his motion to extend the period for filing an expert affidavit in his medical malpractice action, and the failure to do so before the trial court gr

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Browner v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Anthony B. Williams and Robin R. Riggs, Assistant District Attorneys, Winder, for appellee.
    Case Number: A04A0062

    The omission of information that the informant returned all of the money to the officer along with the cocaine did not affect gistrate's finding of probable cause since the officer orally told

  • Oliver v. Sutton

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Kara A. Hicks, Paul E. Weathington and Amy M. Hoffman Allen & Weathington, Atlanta, for appellee.
    Case Number: A04A0001

    The plaintiff failed to present any evidence of damages stemming from the defendant's alleged failure to tell him he suffered from post-traumatic arth

  • McCaskill v. Carillo

    Publication Date: 2003-10-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Francis C. Shenck Hartford Ins., Atlanta, for appellant.
    for defendant: Samuel S. Olens Ezor & Olens PC, Kenneth A. David, Michael R. Martin Swift, Currie, McGhee & Hiers LLP, and William H. Buckley, Atlanta, for appellee.
    Case Number: A03A1261

    The plaintiff failed to show that the def assumed any contractual duty to protect or warn employees of difference in height between a bare concrete floor and 3/8-inch thick carpet that the de

  • Bonner v. Brunson

    Publication Date: 2003-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Walter C. hartridge, Edgar P. Williams and David M. Conner Bouhan, Williams & Levy, Savannah, for appellant.
    for defendant: David H. Johnson McCorkle, Pedigo & Johnson LLP, Savannah, for appellee.
    Case Number: A03A1514

    The individual defendant was not personally liable for his limited liability company's alleged debt because there was no evidence that he abused the form of the LLC by commingling or confusing LLC b

  • Montgomery County v. Sharpe

    Publication Date: 2003-06-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Malcolm F. Bryant Jr., Vidalia, for appellant.
    for defendant: Howard C. Kaufold Jr. Durden, Kaufold, Rice & Tribble, Vidalia, for appellee.
    Case Number: A03A0137

    A county that voluntarily paid the defendant commissions on automobile tag fees as part of her employment as tax commissioner could not recover its payment, even though defendant was not statutorily

  • Rosales v. Davis

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Glenn Whitley Reinhardt, Whitley & Wilmot, Tifton, for appellant.
    for defendant: . Jon V. Forehand Allen & Forehand, Moultrie, for appellees. Other party representation: James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta.
    Case Number: A03A0030

    No direct evidence showed that defendant was driving the car that rear-ended the plaintiffs and the circumstantial evidence to the contrary was not overwhe

  • Metropolitan Property & Cas. Ins. Co. v. McCall

    Publication Date: 2003-04-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for Metropolitan Property & Cas. Ins. Co. William D. Temple Temple, Strickland & Counts, Decatur, George E. Duncan Jr. and Jennifer C. Adair Duncan & Mangiafico PC, John A. Pape Jr. Allen & Assocs. and Dale C. Ray Jr. Chambers, Aholt & Rickard LLP, Atlanta, for McCall. Kenneth J. Lander McNally, Edwards, Bailey & Lander and Donald W. Osborne, Monroe, for Smallwood.
    for defendant:
    Case Number: A03A0062; A03A0063

    The named insured's son was not a permissive driver under the parties' insurance policy, since the undisputed evidence showed that he did not have a driver's license and was strictly forbidden from

  • Hunter v. Hunter

    Publication Date: 2002-08-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Richard A. Newton and Leo W. Clifton Sr. Richard A. Newton PC, Dunwoody, for appellant.
    for defendant: . W. Allen Separk and R. Stacy Hylton, Marietta, for appellee.
    Case Number: A02A0923

    The probate court's award of a year's support to the surv spouse clearly exceeded the amount necessary to support and maintain her for 12 months at her prior standard of l