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  • Lewis v. Northside Hosp. Inc.

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christopher D. Vaughn George M. Johnson & Assocs., Atlanta, for appellant.
    for defendant: John A. Howard, Kwende B. Jones Burr & Forman LLP, Matthew P. Lazarus and Susan V. Sommers Goldner, Sommers, Scrudder & Bass, Atlanta, for appellees.
    Case Number: A04A0472; A04A0473

    The Workers' Compensation Act provided the exclusive remedy for the plaintiff's emotional distress claim, since the underlying battery claim relied on a showing of physical i

  • Maxwell v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Martin H. Eaves, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, for appellee.
    Case Number: A04A0006

    Evidence showing that the defendant may have been in a gang was admissible and relevant to show his motive for committing the crimes since the state theorized that the home invasion was an initiati

  • Pilz v. Monticello Ins. Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald M. Edenfield Edenfield & Cox PC, and Marc M. Bruce, Statesboro, for Pilz and others. Stephen C. Andrews Bodker, Ramsey & Andrews, and W. Wray Eckl Drew, Eckl & Farnham, Atlanta, for Monticello Ins. Co. William K. McGowen Franklin, Taulbee, Rushing, Bunce & Brogdon, Statesboro, for Thibodeau and others.
    for defendant:
    Case Number: A04A0140; A04A0141

    Claims of negligent performance of a contractual obligation, negligence, negligence per se, negligent retention and intentional infliction of emotional distress fell within the "assault and battery"

  • Williams v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A04A0283

    The trial court's limiting instruction adequately informed the jury about the limits on its consideration of the similar transaction evi

  • Vo v. Yamaha Golf-Car Co.

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James B. Blackburn Jr. and Patrick F. Roughen Jr. Wiseman, Blackburn & Futrell, Savannah, for appellant.
    for defendant: . Joseph H. Barrow Barrow & Ballew PC, G. Mason White Brennan, Harris & Rominger, Wiley A. Wasden III Brennan & Wasden, Savannah, Stephen L. Cotter and Michael Carestia Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellees. Other Party Representation: R. Stephen Sims Barrow & Sims PC, Savannah, George W. Steel and Harvey Kruse, Flint, MI.
    Case Number: A04A0110; A04A0111

    The Death on the High Seas Act pre-empted the administrators' state law claims for the decedents' injuries and their pre-death pain and suffering after their boat capsized approximately 25 miles off

  • In the Interest of M. T. C.

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert C. Richardson Jr., Camilla, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, and Brian D. Bellamy, Thomasville, for appellee. Other Party Representation: Joseph Vaknin, Albany.
    Case Number: A04A0754

    The juvenile court's erroneous finding that the mother was unable to form an emotional bond with her children due to her psychological conditions did not constitute harmful error where clear and con

  • Walker v. State

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Keith M. Morris, Baxley, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and John B. Johnson III, Assistant District Attorney, Jesup, for appellee.
    Case Number: A04A0353

    The defendant, a sheriff's deputy, allegedly grabbed the victim when she tried to walk away from his patrol car, threw her into the back seat, hel down and rape

  • Wyman v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0591

    The trial court was prohibited from participating in the plea negotiation process and lacked authority to accept a different plea so the trial court did not err in refusing to allow the defendant t

  • Carter v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Harold A. Sturdivant Sullivan & Sturdivant, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Thomaston, for appellee.
    Case Number: A04A0705

    The defendant brandished a loaded shotgun and pointed it at two officers who attempted to stop his speedin

  • McMillian v. State

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Corrie McMillian, Glennville, proceeded pro se. Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    for defendant:
    Case Number: A04A0226

    The trial court did not have to inform the defendant that he had no right to withdraw his plea once the trial court pronounced his sen