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  • Cleaveland v. Gannon

    Publication Date: 2007-12-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rolfe M. Martin Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for Cleaveland. Charles M. Cork III, Macon and Preyesh K. Maniklal Maniklal & Dennis LLP, Duluth, for Gannon and others. Robert R. Gunn II and Richard A. Epps Jr. Martin Snow LLP, Macon, for Entrekin and others.
    for defendant:
    Case Number: A07A0837; A07A0838

    The plaintiff and her husband timely filed their original medical malpractice complaint under the subsequent injury exception to O.C.G.A. § 9-3-71 a's statute of limitation, since they filed it wit

  • Simon v. City of placeCityAtlanta

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Steven D. Simon, Atlanta, proceeded pro se. Linda K. DiSantis, City Attorney, and Sean L. Gill Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    for defendant:
    Case Number: A07A0853

    The city could not show prejudice from plaintiff's omission of an allegation in his complaint alleging compliance with the ante notice requirement, because the plaintiff provided adequate ant

  • Freeman v. Wal-Mart Stores Inc.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Davis K. Loftin, Peter A. Law and Ernest M. Moran Peter A. Law PC, Atlanta, for appellant.
    for defendant: Albert J. Decusati McLain & Merritt PC, Atlanta, for appellee. Other party representation: Tommy C. Mann Mann & Mann, Macon.
    Case Number: A06A0939

    A factual question remained as to whether the defendant had knowledge of the rolled-up carpet mat lying across an aisle in the defendant's produce department prior to the plaintiff's

  • Chhina Family Partnership LP v. S.K. Group of Motels Inc.

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael C. Hall, Albany, for appellant.
    for defendant: . Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellee.
    Case Number: A05A0926

    Merger clause in a sales contract for the purchase of a motel did not defeat the buyer's fraud claim, since the buyer based that claim on misrepresentations contained in the contract i

  • Neely v. Jones

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon Sims, Atlanta, for appellant.
    for defendant: John K. FitzGerald FitzGerald & Schultz, and John B. Craig Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A04A1801

    The plaintiff's personal injury suit was properly dismissed for lack of greatest due diligence where the plaintiff offered no explanation for the month-long delay between locating the city in which

  • Griner v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Douglas L. Mutert, Valdosta, for appellant.
    for defendant: Edward F. Preston Coleman, Talley, Newbern, Kurrie, Preston & Holland LLP, John H. Smith Jr. Young, Thagard, Hoffman & Smith, Valdosta, and John T. Croley Jr., Fitzgerald, for appellees.
    Case Number: A03A1673

    The defendants could not foresee that a trained firefighter would hand an unlicensed rescue worker a knife and tell him to "blow" the front tires of a truck that was wedged under another truck foll

  • Georgia Farm Bureau Mut. Ins. Co. v. Croley

    Publication Date: 2003-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Duke R. Groover Groover & Childs, Macon, and Charles W. Byrd, Perry, for appellant.
    for defendant: John T. Croley Jr., Fitzgerald, Gary C. Christy and Preyesh K. Maniklal Gregory, Christy & Maniklal, Cordele, for appellee. Other party representation: Terry A. Dillard Dillard, Bower & Crowley, Waycross.
    Case Number: A03A0876

    The defendant was entitled to summary judgment on its former attorney's breach of contract claim because the oral agreement between the parties had no stated dur

  • 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

  • Phillips v. South West Mechanical Contractors Inc.

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Douglas R. Powell, Debra K. Haan Hinton & Powell, and Scott E. Tinnon, Atlanta, for appellant.
    for defendant: . William P. Tinkler Jr., Decatur, Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton, Charles A. Wiley Jr. and James A. Rice Jr. Fain, Major, Wiley & Brennan PC, Atlanta, for appellees.
    Case Number: A01A1935

    Plaintiffs' wrongful death claim arising out of an accident involving an stolen ATV and a disabled dump failed because there was no evidence that defendant was negligent in leaving the disable

  • Bridges v. Mann

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Graylin C. Ward, Newnan, for appellant.
    for defendant: Robert E. Sherrell Jay, Sherrell, Smith & Bradley PC, Fitzgerald, for appellees.
    Case Number: A00A1858

    The plaintiff's acceptance of a check for less than the amount in dispute constituted an accord and satisfaction of his