• Helm v. Graham

    Publication Date: 2001-04-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Wade M. Crumbley Crumbley & Crumbley, McDonough, for appellant.
    for defendant: Carl A. Adcock, Morrow, for appellee.

    Case Number: A00A1788

    Evidence did not support a change in physical custody where general conditions had improved since the prior custody order and the only material change was the mother's remarriage and proposed reloca

  • Ajayi v. Williams

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dawn G. Benson and Charles K. Wainright II Watson, Spence, Lowe & Chambless, Albany, for appellant.
    for defendant: Jerry W. Brimberry Jr. Brimberry, Kaplan & Brimberry PC, Albany, for appellee.

    Case Number: A00A2471

    Defendant's failure to furnish plaintiff's medical records pursuant to plaintiff's request under O.C.G.A. § 9-3-97-1 tolled the statute of limitation on plaintiff's medical malpractice

  • Hubert v. Falconer

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Venker and Andrew R. Kirschner Kirschner & Venker PC, Atlanta, for appellant.
    for defendant: Earl W. Gunn Long, Weinberg, Ansley & Wheeler, Atlanta, for appellees.

    Case Number: A01A0762

    Plaintiff was not entitled to a corrective jury charge because the charge as given substantially covered the principles in plaintiff's re

  • Olariu v. Marrero

    Publication Date: 2001-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Mason White, James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, and Houston D. Smith III Hertz & Link PC, Atlanta, for appellant.
    for defendant: James N. Sadd Slappey & Sadd, Atlanta, for appellee.

    Case Number: A00A2310

    Plaintiff could not recover special damages for past medical expenses that she discharged in bankr

  • Youngblood v. Gwinnett Rockdale Newton Community Service Bd.

    Publication Date: 2001-03-16
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Irwin W. Stolz Jr., Linda A. Klein and Steven Hall Gambrell & Stolz LLP, Atlanta, for appellant.
    for defendant: Matthew P. Stone, Robert W. Stanley, Andrea S. Hirsch Freeman, Mathis & Gary LLP, Atlanta, for appellees. Amicus Appellee: Thurbert E. Baker Jr., Attorney General, William C. Joy, Senior Assistant Attorney General, Charles E. Hoffecker, Assistant Attorney General, David C. Will, Timothy J. Sweeney Owen, Gleaton, Eagan, Jones & Sweeney LLP, and Bruce M. Edenfield Gary, Hedrick & Edenfield LLP, Atlanta.

    Case Number: S00A1784

    O.C.G.A. § 37-2-11.1 c 1, which grants immunity to community service boards to the same extent as a county, is unconstitutional because it alters the state's immunity outside of the Georgia Tort Clai

  • Law Journal Press | Digital Book

    California Legal Malpractice Law 2014

    Authors: J. Randolph Evans, Shari L. Klevens, Suzanne Y. Badawi

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  • Nix v. Cox Enters. Inc. d/b/a The Atlanta Constitution

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Edward T.M. Garland and Nelson O. Tyrone III Garland, Samuel & Loeb, Atlanta, for appellant.
    for defendant: Peter C. Canfield and Thomas M. Clyde Dow, Lohnes & Albertson, Atlanta, for appellees.

    Case Number: A00A0070

    The Court of Appeals partially reversed the grant of summary judgment to a publishing company and its newspaper on an attorney's defamation claim arising out of two articles that characterized him a

  • Ketchup v. Howard

    Publication Date: 2001-01-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: David R. Smith Branan, Searcey & Smith, Savannah, for appellee.

    Case Number: A00A0987

    The Court of Appeals adopted the common law doctrine of informed consent providing that physicians and dentists have a duty to inform patients of the known material risks of a proposed treatment or

  • Toal v. DeKalb Med. Ctr. Inc.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Rawls, V. Robert Denham Jr., Sara K. Sledge and Holly A. Pierson Powell, Goldstein, Frazier & Murphy, Atlanta, for appellant.
    for defendant: . Thurbert Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Per B. Normark and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellees.

    Case Number: A00A1654, A00A1655

    Georgia's 1996 Medicaid reimbursement plan was invalid because the Georgia Department of Medical Assistance adopted the plan without make the findings necessary to insure that the plan provided for

  • McCall v. McCall

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Pilar J. Penn, Stone Mountain, for appellant.
    for defendant: Robert D. Boyd Warner, Mayoue & Bates PC, Atlanta, for appellee.

    Case Number: A00A1178

    Because the mother had sole legal custody of the children by virtue of her divorce decree, the tr urt improperly modified custody during a contempt proceeding initiated by the father when the t

  • Davenport v. Northeast Ga. Med. Ctr. Inc.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John M. Brown, Augusta, for appellant.
    for defendant: Thomas M. Cole Whelchel, Dunlap & Gignilliat, Gainesville, for appellee.

    Case Number: A98A2419

    Hospital's decision to terminate doctor's staff privileges was based on the hospital's reasonable belief that the termination furthered quality health