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  • Rindsberg v. Neacsu

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jay Lukowski Kaplan & Lukowski LLP, Atlanta, for appellant.
    for defendant: . Shaun Daugherty Hall, Booth, Smith & Slover PC, Daniel Huff and Leslie Cline Huff, Powell & Bailey LLC, Atlanta, for appellee.
    Case Number: A12A0359

    Summary judgment reversed because evidence that the doctor was on call and responsible for the patient's care showed physician-patient privity necessary to support medical malpractice a

  • 182 Tenth LLC v. Manhattan Constr. Co.

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Raymond Humphrey, Ronald Freeman, Christopher Portis Johnson & Freeman LLC, Unions City, and Ephraim Spielman Hartman, Simons, Spielman & Wood LLP, for appellant.
    for defendant: Cory Menees, Frank Riggs, Jeffrey Nix and Jason McLarry Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A12A0639

    The evidence did not support the jury's finding that the plaintiff was entitled to foreclose on a lien on the defendant's property for $1.75M because the verdict included items that were not lie

  • Georgia Dep't of Transp. v. Crooms

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Roberts C. Milling II and Marla M. Eastwood Henry Spiegel Milling LLP, Atlanta, for appellees.
    Case Number: A12A0785

    The Georgia Tort Claims Act's exception to waiver of immunity set forth in O.C.G.A. § 50-21-24 10 established the DOT's immunity from any claim based on a contention that it negligently failed to m

  • Wallin v. Wallin

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Emmett and J. Robin Rogers, Trenton, for appellant.
    for defendant: Joseph Willard, Rossville, for appellee.John Emmett and J. Robin Rogers, Trenton, for appellant. Joseph Willard, Rossville, for appellee.
    Case Number: A12A0772

    The evidence did not support the award of quantum meruit damages against the plaintiff's ex-husband in a case involving the plaintiff's father-in-law's promise to deed real pro

  • Hayes v. Crawford

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John Steel Steel & Moss LLP, Atlanta, and Stephen Ozcomert, Decatur, for appellant.
    for defendant: Edward McAfee and Rachel Krause Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellee.
    Case Number: A12A0329

    Reasonable minds could differ as to whether the defendant was negligent, and whether his negligence was the proximate cause of the accident at

  • Brathwaite v. Fulton-DeKalb Hosp. Auth.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Matthew C. Billips Billips & Benjamin LLP, Atlanta, for appellant.
    for defendant: Randy C. Gepp Taylor English Duma LLP, Atlanta, and Mary J. Huber, Decatur, for appellees.
    Case Number: A12A0165

    The plaintiff alleged facts in her amended complaint, which, if true, would support her claim that her former supervisor tortuously interfered with her employment contract during a time when she was

  • Braddy v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Franklin Hogue Hogue & Hogue, Macon, for appellant.
    for defendant: Samuel Altman, District Attorney, Swainsboro, and Bradford Childers, Assistant District Attorney, Dublin, for appellee.
    Case Number: A12A0292

    The trial judge violated Uniform Superior Court Rule 25.3 in refusing to assign a motion to recuse to another judge when the motion was timely, legally sufficient and all facts contained therein wer

  • Coney v. State

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Tony Axam Axam Law, Atlanta, and Danielle Roberts, Decatur, for appellant.
    for defendant: Denise Fachini, District Attorney, Barbara Becraft and Henry Jones, Assistant District Attorneys, Cordele, for appellee.
    Case Number: A12A0667

    The defendant lost the right to a suppression hearing because his attorney filed the motion to suppress on the first day of trial in violation of a standing order to file such motions within 10 days

  • Crawford v. Kingston

    Publication Date: 2012-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas Tidwell, Atlanta, for appellant.
    for defendant: Sean Hynes Downey & Cleveland LLP and Jonathan Jones, Marietta, for appellee.
    Case Number: A12A0742

    Plaintiff had not previously exercised her right new her action because an involuntary dismissal in federal court and a federal complaint that was never served on the defendant it did not amoun

  • Evans v. Dunkley

    Publication Date: 2012-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lonzy Edwards Edwards & Youmas LLC, Macon, for appellant.
    for defendant: . Vann Parrott, Quitman, for appellees.
    Case Number: A12A0074

    The trial court erred in applying a 4-year statute of limitation, instead of the applicable 7-year limitation period, to the plaintiffs' claims for cancellation of fraudulent