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  • The Cincinnati Ins. Co. v. Magnolia Estates Inc.

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert S. Carpenter Nall & Miller LLP, Atlanta, for appellant.
    for defendant: William D. Healan Jr. William D. Healan III Healan Law Offices, Winder, J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellees. Other party representation: Michael G. Kam, Brian D. Lewis and Emily C. Gross Kam & Ebersbach PC, Newnan.
    Case Number: A07A0103

    A resident in a personal care home's intentional attack of another resident was an accident for the purposes of an insurance policy's coverage, since the insured did not foresee, expect or desi

  • Rivera v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, Thurbert E. Baker, Attorney General, and Teresa M. Schiefer Attorney General's Office, Atlanta, for appellee. Other party representation: Thomas H. Dunn Georgia Resource Ctr., Holly L. Geerdes Geerdes & Kim LLC and Richard A. Malone Prosecuting Atty's Council, Atlanta.
    Case Number: S07P0151

    The trial court did not abuse its discretion in denying a mistrial or failing to give curative instructions, based on the state's narrowly tailored and logical argument that the defendant presented

  • Thomas v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kenneth W. Krontz, Kennesaw, Allen M. Trapp Jr., Carrollton, and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A07A1269

    The state may rescind part of a agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the agreement by withdrawing part of his

  • Dashtpeyma v. Wade

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Klara and Hassan Dashtpeyma, Marietta, proceeded pro se. Peter R. York Hawkins & Parnell, Atlanta, for appellees.
    for defendant:
    Case Number: A07A0109

    The defendant could not be held liable for her son's actions while driving a vehicle under the family purpose doctrine, since the defendant d own or have any property interest in the car and

  • Murray v. Georgia Dept. of Transp.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter F. Boyce, Catherine M. Packwood Peter F. Boyce PC, Duluth, David F. Walbert and Thomas D. Trask Parks, Chesin, Walbert & Miller PC, Atlanta, for Murray and others. Michael A. O'Quinn O'Quinn & Cronin, McDonough, for Manning and others. Scott W. Kelly Fulcher Hagler LLP, Augusta, for CSX Transportation Inc. Thurbert E. Baker, Attorney General and Robert C. Edwards, Assistant Attorney General, Atlanta, for the Georgia Depart. of Transp.
    for defendant:
    Case Number: A06A1655; A06A1656

    The county DOT is entitled to immunity from the plaintiffs' claims that its failure to act more quickly in installing an state DOT-approved traffic signal at an intersection proximately caused a fa

  • Johnson v. State

    Publication Date: 2007-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Augusta, for appellee.
    Case Number: A06A1870

    Convictions for aggravated child molestation and attempted aggravated child molestation reversed as de counsel was deficient for failing to prepare for trial and present a de

  • Dickson v. State

    Publication Date: 2006-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Stephen M. Gray, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A06A0931

    The defendant did not have adequate opportunity to cross-examine his deceased father about his pre-trial statement to an investigator at his bond hearing, which dealt with other issues and involved

  • Peters v. State

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Grimes, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Robert A. Rogers, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A1630

    The evidence did not support a finding that the defendant's blood alcohol level exceeded the legal limit within three hours of the last time he controlled a moving ve

  • Northlake Med. Ctr. LLC v. Queen

    Publication Date: 2006-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel S. Reinhardt, Michael E. Johnson Troutman Sanders LLP, Alan M. Maxwell and John M. Hawkins Weinberg, Wheeler, Hudgins, Gunn & Dial, Atlanta, for appellant.
    for defendant: Richard Kopelman Kopelman Law Group PC, Robert L. Goldstucker and Benjamin S. Persons IV Nall & Miller LLP, Atlanta, for appellee. Other party representation: Allen S. Willingham, Robert P. Monyak Love, Willingham, Peters Gilleland & Monyak LLP, Atlanta, and Matthew G. Nasrallah Robertson, Bodoh & Nasrallah LLP, Marietta.
    Case Number: A06A0540

    HIPAA preempts the medical record release requirement of O.C.G.A. § 9-1

  • Clark v. State

    Publication Date: 2006-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A2336

    The record belied the defendant's contention that the trial court denied him his right to effectively represent hi