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  • Gibson v. Symbion Inc.

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edward E. Boshears, Brunswick, for appellant.
    for defendant: . Bradley J. Watkins Whelchel, Brown, Readdick & Bumgartner, Brunswick, for appellee.
    Case Number: A05A2048

    The plaintiff failed to present any evidence showing that a handicap ramp at the entrance to the defendant's clinic was improperly designed or constr

  • Freeman v. Wheeler

    Publication Date: 2006-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jerry B. Hatcher, Alpharetta, for appellant.
    for defendant: Thomas E. Greer Tisinger, Tisinger, Vance & Greer PC, Carrollton, for appellees. Other party representation: Deborah S. Moses and Brittany L. Tuggle Hall, Booth, Smith & Slover PC, Atlanta.
    Case Number: A05A1632

    The trial court properly granted summary judgment to the defendants on the plaintiff's claim for damages to his "peace, happiness and feelings," since there was no evidence that the defendants' acti

  • Jennings v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paula O. Free, Winder, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A05A1866

    The victim's identification of the defendant as her attacker was reliable under the totality of the circumstances as she had ample opportunity to observe him during the course of the

  • Walker v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A2176

    The defendant was not entitled to exclusion of testimony describing the physical evidence seized under warrant from his residence on the basis that the testimony was the fruit of an unconstitutional

  • Parker v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Daniel B. Kane, Alice C. Stewart and Richard A. Hunt, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Christopher M. Quinn, Assistant District Attorney, Atlanta, and Rand J. Csehy, Assistant District Attorney, Cumming, for appellee.
    Case Number: A05A1608

    The arresting officer found 47.80 grams of cocaine in the back seat of his patrol car after transporting the defendant to the police station for giving a false name at a traffic

  • Patel v. Sanders

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: R. Andrew Fernandez, Atlanta, for appellant.
    for defendant: . Thomas D. Harper Harper, Waldon & Craig, Atlanta, and Gary M. Cooper Cooper & Makarenko, Duluth, for appellees.
    Case Number: A05A1507

    The plaintiffs failed to exercise due diligence in serving the defendants within the applicable 2-year statute of limit

  • Hodges v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edea M. Caldwell, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A2274

    The circumstantial evidence did not support a finding that the defendant's had joint constructive possession of the cocaine found on the floor behind the driver's seat of the car, which his co-defen

  • Brown v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Perry, for appellee.
    Case Number: A05A2230

    Although the 26 to 27-month delay between the defendant's arrest and his was presumptively prejudicial, his failure to raise his constitutional right to a speedy until shortly before hi

  • Travis Pruitt & Assocs. PC v. Hooper

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mary A. Oakley and Lindsey G. Churchill Holland & Knight LLP, Atlanta, for appellant.
    for defendant: . Kristine E. Orr and E. Wycliffe Orr Sr. Orr & Orr, Gainesville, for appellee.
    Case Number: A05A1062

    An employer can not be held liable for ratifying an employee's sexual harassment, which was not in furtherance of the employer's bus

  • Hanse v. Phillips

    Publication Date: 2005-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Paul A. Morgan, Rory K. Starkey and Robert D. Ware County Attorney's Office, Atlanta, for appellant.
    for defendant: Matthew T. Allen, Atlanta, David A. Sleppy, Edward E. Strain III and Lisa J. Bucko Cathey & Strain, Cornelia, for appellees.
    Case Number: A05A0955

    A police officer was entitled to official immunity in the plaintiffs' wrongful death and injury suit arising out of a high-speed chase, because the decision to initiate and continue the chase was di