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  • Norfolk So. Ry. Co. v. Blackmon

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William C. Thompson and Steven D. Caley Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellee.
    Case Number: A03A0024

    The jury's $5-million award to the plaintiff in his FELA suit was excessive and punitive in nature where plaintiff was 50 percent negligent, claimed only $3.14 million in damages, was capable of cle

  • Orr v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Barry V. Smith, Rome, for appellant.
    for defendant: Bryant G. Speed, District Attorney, and Jason A. Lewis, Assistant District Attorney, Rome, for appellee.
    Case Number: A03A0254

    The defendant's statutory rape conviction was reversed because the trial court erred in allowing testimony of the investigating officer that impermissibly bolstered the credibility of the v

  • Thomas v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sidney L. Storesund, Marietta, for Thomas. Deborah M. Vaughn and Eugene Novy Novy, James & Vaughn, Atlanta, for Hunnicutt. Patrick H. Head, District Attorney, C. Lance Cross, Amy H. McChesney and Frances D. Hakes, Assistant District Attorneys, Marietta, for the state.
    for defendant:
    Case Number: A03A0042; A03A0043

    The trial court erred in denying defendants their right to open and close final argu

  • Harper v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jimmy Harper, Oglethorpe, proceeded pro se. Bryant G. Speed, District Attorney, and Natalee L. Staats, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A03A0751

    Under the separation of powers doctrine, neither the Court of Appeals nor the trial court have jurisdiction to compel the State Board of Pardons and P to grant a defendant p

  • Murphy v. McCaughey

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: James W. Purcell, Michael N. Loebl and Michael B. Hagler Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for Murphy. David E. Hudson Hull, Towill, Barrett & Salley, Augusta, for McCaughey.
    for defendant:
    Case Number: A03A0506; A03A0507

    The plaintiff was entitled to prejudgment interest on a jury award of contribution because a sum recovered as contribution bears interest from the time the surety paid the original oblig

  • Barabont v. Villanueva

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Daniele C. Johnson, Chamblee, for appellant.
    for defendant: Robert D. Brunson and Karsten Bicknese, Atlanta, for appellee.
    Case Number: A03A0789

    Plaintiff did not exercise due diligence in serving the defendant outside the statute of limit

  • Spear v. Calhoun

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joyce W. Bergman, Fairburn, for appellant.
    for defendant: . Robert M. Darroch and Gino L. Montoya Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A03A0392

    The owner of an apartment complex could not have foreseen the death of plaintiff's daughter who was hit by a stray bullet fired by a New Year's Eve re

  • Cole v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Lawrenceville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A03A0516

    The trial court did not err in limiting defendant's questioning of a witness regarding the victim's general bad reputation since the witness acknowledged that he did not know the victim

  • Richey v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Nancy G. Brimberry, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A0774

    Defendant shot the victim with a rifle after the victim and his friend followed the defendant to a nearby apartment complex to ascertain why the defendant threatene

  • Anderson v. State

    Publication Date: 2003-07-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Wanda S. Jackson, East Point, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A0668

    The trial court erred in sentencing a defendant with a prior felony conviction to serve 365 in a state detention center for misdemeanor ba