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  • Cieplinski v. Caldwell Elec. Contractors Inc.

    Publication Date: 2006-07-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John D. Steel Matthews & Steel, Atlanta, and Douglas P. McManamy, Savannah, for appellant.
    for defendant: David F. Root, Carlock, Copeland, Semler & Stair LLP, John C. Cheshire Carr, Tabb, Pope & Freeman LLP, Atlanta, Mark W. Wortham Hicks, Casey, Barber PC, Marietta, and J. Douglas Stewart Stewart, Melvin & Frost, Gainesville, for appellees. Other party representation: Brian M. Leepson Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A06A0596

    The intervening negligence of the plaintiff's employer was the sole proximate cause of his injury and broke any legally sufficient causal connection between the third-party tortfeasor defendants' al

  • Morrell v. Wellstar Health Sys. Inc.

    Publication Date: 2006-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bryan A. Vroon, John W. Crongeyer Vroon & Crongeyer LLP, Atlanta, Dennis T. Cathey, Edward E. Strain III and David A. Sleppy Cathey & Strain, Cornelia, for appellant.
    for defendant: . John H. Parker Jr., Leo E. Reichert, Parker, Hudson, Rainer & Dobbs, Nisbet S. Kendrick III Womble, Carlyle, Sandridge & Rice, Atlanta, and Kenneth R. Bernard Jr., Douglasville, for appellees.
    Case Number: A06A0394

    The fact that the defendants charged the plaintiffs higher rates than they charged for medical care covered by insurance and Medicare/Medicaid benefits did not establish a violation of Uniform Decep

  • Amstead v. McFarland

    Publication Date: 2006-06-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Allen L. Broughton Broughton & Fernandez, Roswell, for appellant.
    for defendant: Robert P. McFarland McFarland & Assocs., and Randall A. Meincke, Cumming, for appellee.
    Case Number: A06A0001

    Attorney was entitled to of only the father's portion of $325K ement attorney procured for the wrongful death of the father and the mother's son, since the mother withdrew from the suit prior t

  • Empire Fire & Marine Ins. Co. v. Daniels

    Publication Date: 2006-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Marvin W. McGahee Brennan & Wasden, Savannah, for appellant.
    for defendant: Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for appellees. Other party representation: William B. Johnson, Jesup, Clyde M. Urquhart, James E. Stein, St. Marys, William M. McHugh Jr. and James B. Durham Durham, McHugh & Duncan PC, Brunswick.
    Case Number: A06A0337

    The "rentee" exclusion to the commercial lines excess insurance policy at issue did not apply to the driver of a fatal 1-vehicle accident, since she drove the rental car permissibly and without payi

  • King v. Lusk

    Publication Date: 2006-06-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Johnny R. Dennis, Summerville, for appellant.
    for defendant: William P. Slack, LaFayette, and Christopher A. Townley, Rossville, for appellees.
    Case Number: A06A0375

    Competent evidence presumably supported the trial court's conclusion that the appellee is the legal father of the boy at issue, despite a DNA test showing the probability of appellant's paternity wa

  • Conley v. Children's Healthcare of Atlanta Inc.

    Publication Date: 2006-06-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey L. Sakas, Decatur, for appellant.
    for defendant: . Howard W. Reese III Hall, Booth, Smith & Slover, Randolph P. Powell Jr., Julye M. Johns and Camille N. Jarman Huff, Powell & Bailey LLC, Atlanta, for appellees.
    Case Number: A06A0615

    Plaintiffs' medical malpractice claim could not survive summary judgment, since they failed to attach their deceased 17-month-old's medical records to their expert's affi

  • In the Interest of C. J.

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rita F. Cooper, Powder Springs, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, Atlanta, and T. Michael Flynn Law Offices of T. Michael Flinn, Carrollton, for appellee. Other party representation: Nathan E. Jackson The Law Office of James Anagnostakis, Douglasville, and William E. Brewer, Carrollton.
    Case Number: A06A0196

    Termination of the mother's parental rights was in the child's best interest because she was happy in her foster home, she was adjusting well at school, and the foster parents wished to adop

  • Koncul Enters. Inc. v. Fleet Fin. Inc.

    Publication Date: 2006-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Christopher D. Britt and Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Howell A. Hall and Michael L. Edwards, Savannah, for appellees.
    Case Number: A06A0271

    The 6-years statute of limitation for written agree applied to the plaintiff's claims for breach of contract arising out of five partial purchase agree

  • Register v. State

    Publication Date: 2006-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Judson L. Green IV, Dublin, for appellant.
    for defendant: Louis C. Fraser, District Attorney, and Samuel R. Dixon District Attorney's Office, Dublin, for appellee.
    Case Number: A06A0073

    Application of O.C.G.A. § 17-14-10 Crime Victim's Restitution Act of 2005 as amended on July 1, 2005, did not violate the ex post facto constitutional provisions and applied to the present case, eve

  • Herring v. State

    Publication Date: 2006-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Burke Sherwood Sherwood & Sherwood PC and Saleem D, Denis Gregory, Christy, Maniklal & Dennis LLP, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Cynthia D. Hendrix, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A06A0264

    The officers were engage in a permissible knock-and-talk procedure, when they went to a house based on an anonymous tip that the owner was having "dope par