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  • Evans et al. v. Rockdale Hospital, LLC

    Publication Date: 2018-05-08
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lloyd Bell (Bell Law Firm), Atlanta; Sidney Moore (The Moore Law Firm PC), Atlanta; James Wilson (Attorney at Law), Marietta, for appellant.
    for defendant: Sharonda Boyce, Daniel Huff, Randolph Powell (Huff Powell Bailey LLC), Atlanta, for appellee. Heather McGrotty (Weathington Mgrew PC), Atlanta; Paul Weathington (Weathington Smith), Atlanta, for other party.
    Case Number: A18A0233

    The trial court erred in denying plaintiffs' motion for additur or, alternatively, for a new trial on damages, because the jurys award of zero damages for medical malpractice plaintiff's past pain and suffering rendered the award of damages so clearly inadequate under a preponderance of the evidence as to shock the conscience and necessitate a new trial under O.C.G.A. § 51-12-12 (b).

  • MacDowell v. Gallant et al.

    Publication Date: 2018-04-10
    Practice Area: Civil Procedure | Health Care Law | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Curtis Thurston (Attorney at Law), Atlanta, for appellant.
    for defendant: Alexandra Higgins (Attorney at Law), Peachtree Corners, for appellee.
    Case Number: A17A1864

    Time For Filing Dental Malpractice Action Remained Tolled After Patient Consulted Second Dentist Who Had Provided Services to Patient Jointly With Defendant

  • Barrow v. Dunn

    Publication Date: 2018-04-05
    Practice Area: Environmental Law | Government
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Malissa Kaufold-Wiggins, Tyler Bishop (Balch & Bingham LLP), Atlanta; Hugh McNatt, Hugh Peterson (McNatt, Greene & Peterson, PC.) Vidalia; Jonathan Schwartz (Jon L. Schwartz, Attorney at Law, P.C.), Atlanta, for appellant.
    for defendant: Isaac Byrd (Deputy Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Suzanne Osborne (Department of Law), Atlanta; John Hennelly (Assistant Attorney General), Atlanta; James Coots (Senior Assistant Attorney General), Atlanta, for appellee. Ray Smith (Attorney at Law), Richmond Hill, for other party.
    Case Number: A17A1385

    Environmental Protection Division Granted Wastewater Treatment Facility Permit Without Conducting Required Antidegradation Analysis

  • Bruno v. Light

    Publication Date: 2018-04-02
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming; Cynthia English (Banks and Stubbs, LLP), Cumming, for appellant.
    for defendant: Darla Light, Cumming, for appellee.
    Case Number: A17A1967

    Three-Year Protective Order Banning Stalker From His Own Residence Was Overbroad

  • Samaca, LLC. v. Cellairis Franchise, Inc. et al.

    Publication Date: 2018-04-02
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Martin (D.R. Martin, LLC), Atlanta, for appellant.
    for defendant: Jared Miller, Ronald Coleman, Justin Gunter (Parker Hudson Rainer & Dobbs LLP), Atlanta, for appellee. Cell Phone Mania, LLC (c/o OZ Aharon), North Miami Beach; Cell Phone Mania, LLC (c/o OZ Aharon), Davie, for other party.
    Case Number: A17A1715

    Agreement Regarding Specific Assignments and Assumptions Was Not Wholly Separate From Initial Purchase Agreement Containing Arbitration Clause

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  • Murray-Obertein v. Georgia Government Transparency and Campaign Finance Commission

    Publication Date: 2018-03-27
    Practice Area: Employment Litigation | Whistleblower Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Cheryl Legare (Legare, Attwood & Wolfe, LLC), Atlanta; Edward Buckley (Buckley & Klein, LLP), Atlanta, for appellant.
    for defendant: Alisa Cleek, Bryan Jacoutot (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A17A1836

    The trial court properly granted commission's motion for summary judgment on former public employee's retaliation claim under the Georgia Whistleblower Act because it was undisputed that she was no longer an "employee" at the time of the purported retaliatory acts.

  • Winn v. The State

    Publication Date: 2018-03-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1550

    Evidence Was Sufficient to Establish Defendant's Constructive Possession of Gun and Drugs Found in His Room

  • Scott v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Ramig (Assistant Public Defender), Fayetteville, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Christy Jindra (Attorney at Law Griffin Circuit District Attorney Office), Fayetteville; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1384

    Although the evidence supported defendant's conviction for criminal attempt to commit theft by taking after his employer accused him of falsifying an invoice, the trial court erred in entering a felony sentence on that conviction because there was insufficient evidence of a fiduciary relationship between defendant and his employer.

  • Pefinis v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Assistant District Attorney), Douglasville; Sean Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1869

    The evidence supported defendant's convictions for one count of serious injury by vehicle and reckless driving after he caused an automobile collision and the trial court properly denied his motion for new trial based on his ineffective assistance of counsel claim.

  • Leavins v. Nayan Corporation et al.

    Publication Date: 2018-03-01
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Fleming (Reynolds Horne & Survant), Macon, for appellant.
    for defendant: Stephanie Glickauf (Goodman McGuffey LLP), Atlanta, for appellee.
    Case Number: A17A1431

    The trial court properly granted summary judgment to defendants in plaintiff's suit arising after she fell in a shower at defendants' hotel, as plaintiff failed to make the required showing that the bathtub presented an unreasonable risk.