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  • Lopez v. State

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen F. Lanier, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Martha P. Jacobs, Assistant District Attorney, Rome, for appellee.
    Case Number: A04A0448

    The state gave sufficient reasons for its decision to reindict the defendant on more serious charges after he filed a § 1983 claim against officers in federal

  • Ken Thomas of Ga. Inc. v. Halim

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles B. Marsh and Anandhi S. Rajan Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Cary S. King Slater, King & Gross, Atlanta, for appellee. Other party representation: Victor J. Faenza Bridges, Ormand & Faenza, Atlanta.
    Case Number: A03A2120

    The doctrine of res ipsa loquitor was not applicable to a 1-car accident since some evidence showed that the accident resulted from negligent driving or that the alleged steering malfunction could h

  • The Atlanta Cas. Co. v. Gordon

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Karsten Bicknese and Peter Werdesheim Seacrest, Karesh, Tate & Bicknese LLP, Atlanta, for appellant.
    for defendant: Daniel C. Prout Jr. Harper, Waldon & Craig, Atlanta, and Randy J. Ebersbach Kam & Ebersbach, Newnan, for appellees.
    Case Number: A03A2222

    The insurer was not liable for uninsured motorist benefits under the terms of the father's policy that included family members residing in the same household where the minor child who was struck and

  • Lowery v. Atlanta Heart Assoc. PC

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Louis R. Feingold Northcutt, Edwards & Feingold, Atlanta, for appellant.
    for defendant: Paul E. Weathington and John D. Hocutt Allen & Weathington PC, Atlanta, for appellee. Other party representation: James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A04A0193

    It was the plaintiff's duty to obtain a ruling on his motion to extend the period for filing an expert affidavit in his medical malpractice action, and the failure to do so before the trial court gr

  • State v. Villella

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerald N. Blaney, Solicitor, Jeffrey P. Kwiatkowski, Chief Assistant Solicitor and Jason R. Samuels, Assistant Solicitor General, Lawrenceville, for appellant.
    for defendant: William C. Head, Atlanta, for appellee.
    Case Number: A03A2345

    The trial court had no discretion in including an ignition lock order as a condition of probation on defendant's second DUI conviction in 5

  • 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