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  • Barrett v. National Union Fire Ins. Co. of Pittsburgh

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William M. Akin and S. Lester Tate III Akin & Tate, Cartersville, for appellant.
    for defendant: John C. Bonnie, Stephen J. Rapp Weinberg, Wheeler, Hudgins, Gunn & Dial, Charles J. Cole and Derrick L. Bingham Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellee. Other party representation: Julie A. Lierly, Caroline W. Spangenberg Kilpatrick Stockton LLP, Norman L. Underwood Troutman Sanders, Robin F. Cook, Atlanta, and Hugh B. McNatt McNatt, Greene & Peterson, Vidalia.
    Case Number: A10A1125

    Natural gas was not a tant under the excess liability policy in question, because nothing in the record showed that natural gas is considered an irritant or contaminant within the meaning of th

  • Bonner v. Peterson

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Edwin A. Wilson Randolph Frails PC, Augusta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Claude M. Sitton, Assistant Attorney General, Vincent A. Toreno and Parker M. Green Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A09A1644

    The second defendant, a resident physician, was entitled to immunity under the Georgia Tort Claims Act, because she was supervised by attending physicians, had no hospital privileges, could not make

  • Miller v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy L. Eidson Cordele Circuit Public Defender, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, Cordele, for appellee.
    Case Number: A09A2405

    There is no absolute right to a state-provided transcript for use in a probation revocation he

  • Gladowski v. Department of Family and Children Servs.

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Victoria L. Collier, Decatur, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Michelle Townes, Assistant Attorney General, and Neal B. Childers, General Counsel, Atlanta, for appellee.
    Case Number: A06A1706

    The Civil Practice Act's 3-day rule, which adds three days to the prescribed periods after service of notices or papers other than process, does not apply to appeals of administrative deci

  • Lockhart v. Marine Manufacturing Corp.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: Robert H. Preston, Douglas, and Wallace E. Harrell Gilbert, Harrell, Sumerford & Martin PC, Brunswick, for appellees.
    Case Number: A06A1888

    The racist and insulting comments, which defendant's employees made to the plaintiff on four occasions, did not constitute extreme and outrageous co

  • Trax-Fax Inc. v. Hobba

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Donald M. Shivers Shivers & Assocs., Alpharetta, for appellant.
    for defendant: . S. Lester Tate III Akin & Tate and William F. Kelley The Kelley Law Firm, Cartersville, for appellee. Other party representation: Lee Southwell State Bd. of Workers' Comp., Atlanta.
    Case Number: A06A0397

    The any evidence standard did not apply to the superior court's legal interpret of O.C.G.A. § 34-9-245 as a statute of repose, rather than as a statute of limit

  • Taylor v. Howren

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: William M. Akin Akin & Tate LLC, Cartersville, for appellant.
    for defendant: William H. Major III Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A04A2280

    The plaintiff did not as a matter of law assume the risk of his injuries while riding a where the defendant allegedly told him the "green broke" was a "good, rideable"

  • Total Car Franchising Corp. Inc. v. Squire

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Freddie R. Stone Jr. Stone & Bellus, Atlanta, for appellant.
    for defendant: Lauren O. Buckland, Atlanta, for appellee.
    Case Number: A02A2179

    The plaintiff was not prejudiced by the defendant's request to restate its own case and restore certain defenses since the defendant did not seek to reopen discovery and raised those defenses in it

  • Georgia Dep't of Corrections v. Barkwell

    Publication Date: 2002-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Daniel M. Formby, Senior Assistant Attorney General, John B. Ballard Jr., Assistant Attorney General, K. Prabhaker Reddy and Donahue S. Silvis Reddy & Silvis LLC, Atlanta, for appellant.
    for defendant: Robert C. Harrison Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A02A1355

    The Department of Corrections can sue for reimbursement of state funds used to treat inmates injured in an automobile coll