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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).

  • Ga. Farm Bureau Mutual Insur. Co. v. Claxton et al.

    Publication Date: 2018-05-08
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Leslie Kennerly, John Smith (Young Thagard Hoffman Smith & Lawrence), Valdosta, for appellant.
    for defendant: Mitchell Shook (Attorney at Law), Vidalia; Carl Lowery, Milan, for appellee.
    Case Number: A18A0737

    The Court of Appeals partially affirmed and partially reversed the denial of insurer's motions for summary judgment in a declaratory judgment action arising after a motor vehicle hit a mule-drawn carriage in which insureds were riding.

  • Atlanta Truck Parts, Inc. v. Zenon & Zenon Contractors, Inc.

    Publication Date: 2018-05-08
    Practice Area: Contracts | Damages
    Industry: Automotive | Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Dosier Williams Winfield (Law Offices of Elizabeth Williams Winfield LLC), Peachtree City; Hugh Wood (Wood & Meredith LLP), Atlanta, for appellant.
    for defendant: Vivian Uchitel (Simpson Law Offices LLP), Atlanta, for appellee.
    Case Number: A18A0574

    The Court affirmed the $128,972.90 award to plaintiff in its breach-of-contract action, as the person who signed the contract on defendant's behalf was authorized to do so and there was evidence supporting the amount of the award.

  • ODwyer v. Schuller

    Publication Date: 2018-05-07
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Sabrina Parker (Parker Law Firm), Norcross, for appellant.
    for defendant: Joseph Schuller, Johns Creek, for appellee.
    Case Number: A18A0710

    The Court affirmed the trial court's decision granting father's petition to modify child custody, as there was some evidence supporting the trial court's finding of a material change in circumstances warranting a change in custody from mother to father.

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Georgia Appreciation Property, Inc. v. Enclave At Riverwalk Townhome Association, Inc.

    Publication Date: 2018-05-07
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Carol Clark (Carol Clark Law), Atlanta; Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellant.
    for defendant: Leslie Eason, Lauren Bellamy (Gordon & Rees LLP), Atlanta; Jacob Davis (Lazega Johanson LLC), Atlanta, for appellee.
    Case Number: A17A2097

    Homeowner's Challenge to Amendments to Owners' Association Documents Was Derivative In Nature

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • Jenifer Duncan et al. v. Olga Rawls et al.

    Publication Date: 2018-05-04
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert (Parks, Chesin & Walbert P.C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett (King & Spalding LLP), Atlanta, for appellee.
    Case Number: A17A2052

    Georgia Law Does Not Recognize Probable Cause Exception to Enforcement of No-Contest Provisionss in Trusts

  • Mobley v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Amy Ihrig (Public Defenders Office, EJC), Savannah, for appellant.
    for defendant: Margaret Heap (District Attorney), Savannah; Anna Guardino (The District Attorney's Office The Eastern Judicial Circuit), Savannah; Emily Puhala (Assistant District Attorney Chatham County), Savannah; Greg McConnell (Assistant District Attorney), Savannah, for appellee.
    Case Number: A18A0695

    Defendant Who Fired Gun at Different Police Officers at Separate Points in Time Committed Separate Offenses

  • City Of Gainesville v. Waldrip et al.

    Publication Date: 2018-05-04
    Practice Area: Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Dana Maine (Freeman Mathis & Gary), Atlanta, for appellant.
    for defendant: Robert Jackson (Robert B. Jackson, IV, LLC), Atlanta; Donald Stack (Stack & Associates, PC.), Atlanta, for appellee.
    Case Number: A17A1946

    City Had No Duty To Abate Flooding From Storm Water Discharge Onto Private Property Adjacent to Plaintiff's Property