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  • Layfield v. Department of Transp.

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Castellow Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    Absent evidence of causation or negligence, defendants were entitled to summary judgment in plaintiff's suit arising out of a 1-car acc

  • Owens v. State

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0451

    The court did not err in making the defendant's 5-year sentences on two firearm possession convictions consecutive to all other sentences given at

  • Copper Tire & Rubber Co. v. Merritt

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip W. Savrin and Sun S. Choy Freeman Mathis & Gary LLP, Atlanta, for Cooper Tire & Rubber Co. Kermit S. Dorough Jr. Divine & Dorough, Albany and Jesse G. Bowles Bowles & Bowles, Cuthbert, for Merritt.
    for defendant:
    Case Number: A04A0811; A04A0812

    Workers' compensation provided the exclusive remedy for the plaintiff's injury due to his employer's negligence in failing to maintain a faulty for

  • Turpin v. Curtis

    Publication Date: 2004-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Page A. Pate, Atlanta, for appellee.
    Case Number: S04A1517

    The defendant must show how he was actually prejudiced from his trial counsel's failure to inform him of his right not to te

  • Harper v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Nathaniel Harper, Carrollton, proceeded pro se. Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Rome, for appellee.
    for defendant:
    Case Number: A05A0260

    The defendant's five prior felony convictions, which he pled guilty to on the same day before the same judge and for which he received concurrent sentences, were not "consolidated for trial" as cont

  • Harris v. SAL Fin. Servs. Inc.

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Fredric Chaiken, Charlotte K. Perrell and Robert J. Kaufman Kaufman, Chaiken, Miller & Klorfein, Atlanta, for appellant.
    for defendant: . G. Wayne Hillis Jr. and Aaron W. Lipson Parker, Hudson, Rainer & Dobbs LLP, Atlanta, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Grace E. Lewis, Assistant Attorney General, and Edward H. Lindsey Jr. Goodman, McGuffey, Aust & Lindsey, Atlanta.
    Case Number: A04A0926

    The arbitration clause in an agreement, which allowed an attorney who established a charitable trust for his client to buy and sell securities on behalf of the trust, was severable because the contr

  • Shackelford v. State

    Publication Date: 2004-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lucy K. Henry and Christopher J. Walker III Carey, Jarrard & Walker, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, Alison W. Toller and Lindsey H. Burton, Assistant District Attorneys, Gainesville, for appellee.
    Case Number: A04A2173

    The defendant failed to make a prima facie showing of justification, which was necessary for admission of evidence of the victim's prior violent

  • Munroe v. Universal Health Servs. Inc.

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Eric J. Hertz, Mark D. Link and Houston D. Smith III Hertz, Link & Smith PC, Tucker, for appellant.
    for defendant: Michael D. Hostetter, Adriane C. Yelton Sammons Nall & Miller, Christine M. Stadler, Atlanta, and Omar R. Mark Zamora Pennebaker & Zamora, Dallas, for appellee.
    Case Number: S04A0470

    A defendant employer has a duty to exercise ordinary care not to hire or retain an employee the employer knew or should have known posed a risk of harm to others where it is reasonably foreseeable f

  • Hughes v. Georgia Dep't of Corrections

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: B. Daniel Dubberly III, Glennville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Bryan K. Webb, Senior Assistant Attorney General, Dennis R. Dunn, Deputy Attorney General, and Ralph W. Ellis, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A04A0427

    Monetary damages are not available to a state employee who alleges that he was wrongfully terminated under O.C.G.A. § 45-1-4-the Georgia Whistle Blower St

  • 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