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  • Thomas v. Home Depot USA Inc.

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jay W. Pakchar, Atlanta, for appellant.
    for defendant: Lloyd B. Hedrick Jr. and Evan R. Mermelstein Gray, Hedrick & Edenfield LLP, Atlanta, for appellee.
    Case Number: A06A1938

    The defendant did not breach any legal duty to prevent the plaintiff from being injured by a third party's independent acts when the plaintiff bent down to retrieve a plastic bag and punctured her e

  • Freese v. Regions Bank NA

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Cary S. Wiggins Cook, Youngelson & Wiggins, and Drago Cepar Jr. The Webb Law Group LLC, Atlanta, for appellees. William J. Holley II and Cinnamon V. Davis Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee.
    for defendant:
    Case Number: A06A2154

    O.C.G.A. § 11-4-103 a allows parties to a contract of deposit to change O.C.G.A. § 11-4-406 f's notice provision from 60 to 30 days, the parties did so in their customer agreement and the appellant

  • BKJB Partnership v. Moseman

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Patrick A. Dawson, Marietta, John P. Cheeley Cheeley & Joyner LLC, Duluth, and James S. Crocket Jr. Spillman, Thomas & Battle PLLC, Charleston, WV, for BKJB and others. Walter H. Bush Jr. Schiff Hardin LLP, Halsey G. Knapp Jr., Mary L. Walker Foltz Martin LLC, Pamela A. Bresnahan and Timothy H. Goodman Vorys, Sater, Seymour & Pease LLP, Washington, D.C., for Moseman and Gitner.
    for defendant:
    Case Number: A06A1837; A06A1838

    An earlier Maryland litigation involving the same parties and transaction precluded the plaintiff's breach of contract, inceptive fraud and tortious interference with contract c

  • Pillar Dev. Inc. v. Fuqua Constr. Co.

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David E. Spalten and William H. McLean IV, Atlanta, for appellant.
    for defendant: Alan L. Newman The Newman Law Firm, Alpharetta, for appellees. Other party representation: Halsey G. Knapp Jr. Foltz Martin LLC, Atlanta.
    Case Number: A06A1673

    The plaintiff's failure to comply with the purchase agreement provisions requiring written notice of a breach of the agreement barred it from relying on defendant's alleged breach as a basis for its

  • DBL Inc. v. Carson

    Publication Date: 2007-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Lehman Franklin Jr. H. Lehman Franklin PC, Statesboro, for DBL Inc. Tracy A. O'Connell, Edward L. Newberry Jr. Ellis, Painter, Ratterree & Adams, Savannah, for Carson and others. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, John E. Hennelly and James D. Coots, Assistant Attorneys General, Atlanta, for Holcomb.
    for defendant:
    Case Number: A06A1726; A06A1727

    The defendant obtained a water bottom lease in violation of the Coastal Marshlands Protection act, since his lease to upland property did not provide the required written permission of the upland ow

  • Compton v. Huddle House Inc.

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George C. Creal Jr., Forest Park, for appellant.
    for defendant: Charles B. Marsh Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    Case Number: A07A0596

    The evidence supported a finding that the plaintiff failed to prove that the defendant had actual or constructive knowledge of the alleged hazard-a trashcan on the sidewalk leading to a parkin

  • Morrow v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A06A2093

    The defendant was not entitled to a mistrial after the 8-year-old aggravated sodomy victim's videotaped interview failed to mute portions of the tape in which the victim discussed the defendant tryi

  • Gowins v. Gary

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert A. Moss Moss & Rothenberg, Atlanta, for appellant.
    for defendant: Kenneth H. Schatten Kresses, Benda, Lenner & Schatten and Tamar O. Faulhaber Cordell & Cordell, Atlanta, for appellee.
    Case Number: A07A0642

    Following incorporation of the parties' settlement agreement into the tr urt's judgment, the child support obligations set forth in the agreement became the support obligations awarded by the t

  • Norton v. Cobb

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen D. Morrison Jr. and Deborah L. Dance District Attorney's Office, Marietta, for appellant.
    for defendant: . Jan P. Cohen Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A06A2317

    A county employee was immune from liability for his discretionary actions in inspecting an allegedly defective "S" hook on a county park swing, which broke while the plaintiff was usi

  • 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