• In re Lewis IV

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William P. Smith III, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. John M. B. Lewis IV, Augusta. Gregory L. Fullerton, Chairperson Review Panel, Albany. Richard M. McNeely, Swainsboro.
    for defendant:

    Case Number: S07Y1662

    An attorney, who was already on suspension as a special condition of his first-offender guilty plea to cocaine possession, was suspended for a minimum additional 24 m

  • Atlanta Women's Health Group v. Clemons

    Publication Date: 2007-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. Monyak Peters & Monyak and Benson E. Pope, Atlanta, for appellant.
    for defendant: . W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellees.

    Case Number: A07A1093

    The plaintiffs were entitled to pursue a simple negligence claims against the defendants without filing an expert affi

  • Simon v. City of placeCityAtlanta

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Steven D. Simon, Atlanta, proceeded pro se. Linda K. DiSantis, City Attorney, and Sean L. Gill Hall, Booth, Smith & Slover PC, Atlanta, for appellee.
    for defendant:

    Case Number: A07A0853

    The city could not show prejudice from plaintiff's omission of an allegation in his complaint alleging compliance with the ante notice requirement, because the plaintiff provided adequate ant

  • Wesley Chapel Foot and Ankle Ctr. v. Johnson

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: James E. Looper Jr., Elizabeth N. Neff, Jason D. Dergenroether and W. Scott Henwood Hall, Booth, Smith & Slover PC, for appellant.
    for defendant: . James W. Howard The Howard Law Firm, Tucker, for appellees.

    Case Number: A07A0035

    O.C.G.A. § 9-3-71 b's applicable 5-year statute of repose did not bar the plaintiff's wr death claim, since her claim did not initiate legal proceedings against the defendants; she filed her w

  • Haughton v. Canning

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Kennon Peebles Jr., Duluth, for appellant.
    for defendant: Milton B. Satcher III Jennings, Sparwath & Satcher, Marietta, for appellee.

    Case Number: A07A0772

    Letters a psychiatrist sent to her patient's treating physicians did not constitute medical malpractice, since plaintiff failed to establish that the psychiatrist's actions proximately caused any i

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  • Health Management Assocs. Inc. v. Bazemore

    Publication Date: 2007-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen L. Stincer and Tracie G. Smith Brennan & Wasden LLP, Savannah, for appellant.
    for defendant: M. Francis Stubbs Stubbs & Assocs., Reidsville, for appellee.

    Case Number: A07A1503

    The trial court erred in denying the defendant's motion to dismiss the plaintiff's claims to the extent that she alleged that the defendant was vicariously liable for the professional negligence of

  • McKesson Corp. v. Green

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John H. Williamson and Simon R. Malko Morris, Manning & Martin LLP, Atlanta, for appellant.
    for defendant: . H. Lamar Mixson Bondurant, Mixson & Elmore, Edwin J. Schklar Schklar, Wright & Henderson LLC, Henry D. Fellows Jr. Fellows, Johnson & LaBriola LLP, Dorothy Y. Kirkley Kirkley & Payne, Harold T. Daniel Jr. Holland & Knight, and John G. Parker Paul, Hastings, Janofsky & Walker, Atlanta, for appellees.

    Case Number: A07A0415

    The trial court d err in dismissing the plaintiffs' suit against the defendants for fraud and RICO violations without prejudice, since its ruling to exclude the plaintiff's expert's testimony

  • Ashburn Health Care Ctr. v. Poole

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: David C. Marshall Hawkins & Parnell, for appellant.
    for defendant: . Jason L. Nohr Cauthorn & Nohr PC, Marietta, for appellee.

    Case Number: A07A0572

    No evidence showed that the decedent's husband, who signed an arbitration agreement relating to his s care at the defendant's nursing home, acted with actual or apparent authority in waiving hi

  • Renz v. Northside Hosp. Inc.

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: W. Winston Briggs Decker, Hallman, Barber & Briggs, Atlanta, for appellant.
    for defendant: Jane C. Taylor and Susan V. Sommers Goldner, Sommers, Scrudder & Bass, Atlanta, for appellee. Other party representation: Theodore E. Pound Mayfield, Commander & Pound, Atlanta.

    Case Number: A07A0040

    A factual question remained as to whether the alleged negligence of the hospital's nurses proximately caused the plaintiff's inj

  • Action Concrete v. Portrait Homes-Little Suwanee Point LLC

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Nicholas J. Pieschel Dreger, Coyle, McClelland, Bergman & Pieschel LLC, Alpharetta, for appellant.
    for defendant: Albert L. Norton Jr. and Harry L. Sivley III Norton & Assocs., Alpharetta, for appellee.

    Case Number: A07A0186

    The plaintiff's materialman's lien claim against the property owner was properly dismissed for its failure to fully comply with O.C.G.A. § 44-14-361.1 a 3's requirement that the subcontractor file a