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  • Allstate Ins. Co. v. Smith

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Marvin D. Dikeman Webb, Zsckunke, Moller & Dikeman LLP, Atlanta, for appellant.
    for defendant: William R. Hurst, Dunwoody, for appellee.
    Case Number: A04A0698

    The portion of the jury's verdict finding that the defendant insurance company refused to pay the plaintiff's claim in bad faith and awarding penalties under O.C.G.A. § 33-4-6 could not stand becaus

  • Etchison v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jennifer E. Hildebrand, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Lafayette, for appellee.
    Case Number: A04A0309

    A videotape of two drug buys and the accomplice's testimony supported defendant's convic

  • McCombs v. Synthes USA

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, Martin C. Jones Hall, Booth, Smith & Slover, Tifton, and Sharon J. Whitwell, Locust Grove, for appellant.
    for defendant: Susan A. Cahoon Kilpatrick & Stockton LLP, Jenifer N. Stephens Alston & Bird LLP and Jeffrey J. Toney, Atlanta, for appellees.
    Case Number: A01A0006

    A wa on the package insert for a defective plate device was adequate and reasonable under the circumstances where the plate device failed in the exact manner encompassed by the wa

  • Martinez v. DaVita Inc.

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thomas C. James III James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: . Kevin T. Brown, Joseph W. Popper Jr. Sell & Melton LLP, Macon, and Paul E. Chronis McDermott, Will & Emery, Chicago, Ill., for appellees.
    Case Number: A03A1791

    A noncompete clause establishing a 40-mile radius not to operate a competing dialysis center was enforc

  • McMillan v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, and Rosemary W. Brewer DeKalb County District Attorney's Office, Decatur, for appellee.
    Case Number: A03A2202

    The 2-year statute of limitation barred the defendant's conviction for misdemeanor theft by taking because the victim stopped dealing with the defendant more than 2 years prior to the defendant's gr

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Miller v. Lomax

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James D. Patrick Jr., Bemon G. McBride III, Columbus, and Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, for appellant.
    for defendant: . Robert R. Lomax Marchetti & Lomax LLP, Ray L. Allison Denney, Pease, Allison & Kirk, Richard A. Childs and Jacob Bell, Columbus, for appellees.
    Case Number: A03A1945

    Some evidence showed that the parties agreed to an earlier execution date of their property settlement agreement, so that a jury could find that decedent's transfer of almost half a million dollars

  • Cramp v. Georgia-Pacific Corp.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David E. Betts and Stephen M. Katz Betts & Katz, Atlanta, for appellant.
    for defendant: Alston D. Correll III Troutman Sanders, Atlanta, for appellees.
    Case Number: A03A2264

    Any alleged promises regarding the particular responsibilities of plaintiff's employment as vice-president of customer service for defendants' Atlanta office were unenforceable in the context of his

  • Browner v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Anthony B. Williams and Robin R. Riggs, Assistant District Attorneys, Winder, for appellee.
    Case Number: A04A0062

    The omission of information that the informant returned all of the money to the officer along with the cocaine did not affect gistrate's finding of probable cause since the officer orally told

  • Oliver v. Sutton

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Kara A. Hicks, Paul E. Weathington and Amy M. Hoffman Allen & Weathington, Atlanta, for appellee.
    Case Number: A04A0001

    The plaintiff failed to present any evidence of damages stemming from the defendant's alleged failure to tell him he suffered from post-traumatic arth