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  • Sharpe et al. v. Great Midwest Insurance Company et al.

    Publication Date: 2018-01-05
    Practice Area: Insurance Law | Insurance Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Kathryn Pinckney, Brent Savage (Savage Turner & Pinckney PC), Savannah; Lloyd Murray (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, for appellant.
    for defendant: Thomas Bass (Brennan, Harris & Rominger), Savannah; Lee Gillis (James-Bates-Brannan-Groover-LLP), Macon, for appellee. Joshua Canton (Attorney at Law), Tallahassee, for other party.
    Case Number: A17A1421

    The trial court properly granted insurers' motions for summary judgment in plaintiffs' suit seeking uninsured motorist coverage because plaintiffs failed to timely notify insurers of the underlying car accident as required by provisions in the insurance policies.

  • Schumacher et al. v. City Of Roswell et al.

    Publication Date: 2018-01-05
    Practice Area: Civil Appeals | Land Use and Planning
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Coleen Hosack (Attorney at Law), Forest Park; Dana Maine (Freeman Mathis & Gary), Atlanta, for appellee.
    Case Number: A16A0582

    The trial court properly dismissed plaintiffs' procedural due process claims in their action challenging City's approval of a new zoning ordinance and map that rezoned their respective properties because Georgias Zoning Procedures Law provided plaintiffs with an adequate state remedy to cure alleged procedural irregularities in Citys adoption of the new zoning ordinance.

  • Spencer v. The State

    Publication Date: 2018-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Thomas (Attorney at Law), Atlanta, for appellant.
    for defendant: John Pipkin (Solicitor General), McDonough, William Kennedy (Henry County State Court Solicitor General's Office), McDonough, for appellee.
    Case Number: A16A0118

    The trial court erred in admitting a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content because the evidence State presented was insufficient to establish the scientific validity or reliability of any correlation and the officer's testimony correlating the results of the HGN test with a numeric BAC was thus admitted without a sufficient foundation; accordingly, the Court reversed defendant's DUI-less safe conviction and sentence.

  • Taylor v. The State

    Publication Date: 2018-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Darrell Reynolds (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A17A1619

    The evidence supported defendant's convictions for conspiracy to commit burglary, two counts of burglary in the first degree, criminal damage to property in the first degree, battery, two counts of home invasion in the first degree, armed robbery, aggravated assault, aggravated assault with intent to rob, kidnapping, false imprisonment and four counts of possession of a weapon during the commission of a crime.

  • West v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; McNeill Stokes (Attorney at Law), Marietta; J. Dietzen (Attorney at Law), Atlanta, for appellant.
    for defendant: Richard Perryman (District Attorney), Nashville; Rebekah Ditto (Alapaha Circuit District Attorney's Office), Adel; Jennifer Smith (Alapaha Judicial Circuit District Attorney's Office), Nashville, for appellee.
    Case Number: A17A2020

    The trial court properly granted State's motion in limine seeking to prohibit any testimony or evidence about defendant's belief that the victim was over the age of consent in his trial on two counts each of child molestation and statutory rape because a defendants knowledge of the age of the victim is not an essential element of either crime and, therefore, it was no defense that the accused reasonably believed that the victim was of the age of consent.

  • Wingler et al. v. White et al.

    Publication Date: 2017-12-18
    Practice Area: Government | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: William Lanham, Clark McGehee (Johnson & Ward), Atlanta, for appellant.
    for defendant: Derrick Bingham, Melissa Reading, W. Jones (Owen, Gleaton, Egan, Jones & Sweeney, LLP), Atlanta; Adam Ford (Page Law LLC), Marietta, for appellee.
    Case Number: A17A1549

    The trial court erred in granting summary judgment to sheriff in plaintiffs' suit arising after they were injured when a suspect who was fleeing law enforcement crashed a vehicle into their car because, construing the evidence in favor of plaintiffs, genuine issues of material fact existed as to whether sheriff's deputies acted with reckless disregard for proper law enforcement procedures in continuing the high-speed chase.

  • Ortho Sport & Spine Physicians Savannah, LLC v. Chappuis et al.

    Publication Date: 2017-12-15
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Yasha Heidari, Yenniffer Delgado (Heidari Power Law Group LLC), Atlanta, for appellant.
    for defendant: Scott Bonder, Joseph White, Matthew Kahn (Fried & Bonder LLC), Atlanta; Richard Sanders, Jeffrey Mustari (The Sanders Law Firm P.C.), Atlanta, for appellee.
    Case Number: A17A1408

    The Court of Appeals partially reversed the trial court's orders granting defendants' motion to strike portions of plaintiffs complaint and motion to dismiss one defendant because it was not clear that the matters sought to be stricken could have no possible bearing upon the subject matter of the litigation.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.

  • Steagald et al. v. Eason et al.

    Publication Date: 2017-12-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Marc Avidano (Smith, Welch, Webb & White, LLC), McDonough; Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge, for appellant.
    for defendant: Walter McClelland, James Scarbrough (Mabry & McClelland LLP), Atlanta, for appellee.
    Case Number: A15A0857

    Defendants were not entitled to summary judgment in a dog bite case because a jury question remained as to whether defendants had knowledge that the dog had a propensity to bite without provocation based on prior snapping incidents.

  • Moore v. The State

    Publication Date: 2017-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: James Moore, Abbeville, for appellant.
    for defendant: Joshua Smith (District Attorney's Office), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A17A1457

    Defendant's sentence on his child molestation conviction was void as a matter of law because it did not comply with the O.C.G.A. § 17-10-6.2 split-sentence requirement.