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Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless, and Charles K. Wainright II, Albany, for appellees. Other party representation: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, and Antoinette D. Johnson, Atlanta.
Case Number: A00A1393
The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical cond
Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys: For plaintiff: Larry Chesin Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
for defendant: David C. Moulds, Nicholas S. Papleacos Shapiro, Fussell, Wedge, Smotherman, Martin & Price, and Michael E. Ray Wachovia Bank of Ga. NA, Atlanta, for appellee.
Case Number: A02A1567
A jury question remained as to the intended closing date on a real estate purchase and sale agre
Publication Date: 2002-12-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, and Charles E. Hoffecker, Assistant Attorney General, Atlanta, for appellant.
for defendant: Michael Rosetti Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
Case Number: A02A1160
The state department of community health applied the wrong legal standard in denying a petition for Medicaid reimbursement for experimental cerebral palsy treat
Publication Date: 2002-11-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Edwin G. Russell Jr. Shivers & Assocs., Alpharetta, for appellant.
for defendant: . Keith A. Pflepsen, Albany, for appellee.
Case Number: A01A1189
The Court of Appeals adopted the Supreme Court's judgment that a finding of maximum medical improvement is not a legal condition precedent to a determination of disability ben
Publication Date: 2002-11-01
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Henry D. Green Jr. and Kathryn J. Tanksley Browning & Tanksley LLP, Marietta, for appellant.
for defendant: Rosser A. Malone Thomas W. Malone PC, Atlanta, for appellees.
Case Number: A02A1554
Defendant was entitled to summary judgment on plaintiff's battery claim arising out of a nurse's mistake in treating his wife since the wife consented to treatment and there was no evidence that the
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2002-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys: For plaintiff: Robert H. McKnight Jr. Freed & Bermen PC, Atlanta, for appellant.
for defendant: Neal B. Graham Buzzell, Graham & Welsh LLP and Timothy K. Hall, Macon, for appellee.
Case Number: A02A1445
The UCC provision allowing a seller to cure a nonconforming delivery did not preclude plaintiff from rescinding her "new" car lease and suing defendants for fraud after she learned that the car had
Publication Date: 2002-10-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys: For plaintiff: Victor L. Moldovan Phears & Moldovan, Norcross, for appellant.
for defendant: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Harold D. Melton, Senior Assistant Attorney General, Sidney R. Barrett Jr., Assistant Attorney General, Thomas D. Watry, John H. Parker Jr. Parker, Hudson, Rainer & Dobbs, Atlanta, and James E. Reynolds Jr. Perry, Walters & Lippitt, Albany, for appellees. Other party representation: Michael B. Terry, Corey F. Hirokawa Bondurant, Mixson & Elmore LLP, Vicky O. Kimbrell, Lisa J. Krisher, Phyllis J. Holman, Atlanta, and Paula C. Goedert Jenner & Block LLC, Chicago, Ill.
Case Number: A02A1836
The Department of Community Health, Division of Health Planning rules providing that an ambulatory surgery center engaged in the practice of general surgery does not qualify for the statutory single
Publication Date: 2002-10-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Walter C. Hartridge, David M. Conner Bouhan, Williams & Levy, Savannah, and Austin E. Catts, Brunswick, for appellant.
for defendant: Phillip R. Taylor Taylor, Odachowski & Sperry LLC, St. Simons Island, for appellees.
Case Number: A02A1258
A medical laboratory and hospital acted in good faith for the protection of the public when they notified a hospital administrator and health care professional organization that one of their doctors
Publication Date: 2002-10-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys: For plaintiff: Milton D. Rowan Chip Rowan & Assocs. PC, Atlanta, for appellant.
for defendant: Rolfe M. Martin Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellee.
Case Number: A02A1319
A doctor's disclosure of a dental hygienist's positive HIV status to his employer was reasonably necessary under O.C.G.A. § 24-9-47i for the protection of the employer's personnel and pat
Publication Date: 2002-09-27
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys: For plaintiff: Edwin G. Russell Jr. Shivers & Assocs., Alpharetta, for appellant.
for defendant: Keith A. Pflepsen Woodall & Pflepsen PC, Albany, for appellee.
Case Number: S02G0083
A finding of maximum medical improvement is not a legal condition precedent to a determination of disability ben
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