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  • Northeast Ga. Med. Ctr. Inc. v. Winder HMA Inc.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert D. Alexander Jr. Davidson, Hopkins & Alexander, Jefferson, Armando L. Basarrate II, David L. Fenstermacher Parker, Hudson, Rainer & Dobbs, Thurbert E. Baker, Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Northeast Ga. Med. Ctr. in A09A2210. Michael J. Bowers, Christopher S. Anulewicz and Malissa A. Kaufold-Wiggins Balch & Bigham LLP, Atlanta, for Winder HMA Inc. in A09A2210 and A09A2211. Thurbert E. Baker, Attorney General, Isaac Byrd, Deputy Attorney General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for Georgia Dep't of Community Health in A09A2211.
    for defendant:
    Case Number: A09A2210; A09A2211

    The Department of Community Health had a rational basis for granting a medical center's application for a CON for a proposed hos

  • Tucker Nursing Center Inc. v. Mosby

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Christopher B. Freeman and Walter H. Bush Jr. Carlton Fields PA, Atlanta, for appellant.
    for defendant: Benjamin A. Land Buchanan and Land, Columbus, for appellee.
    Case Number: A09A1756

    The trial court did not err in admitting the decedent's medical bills, because the bills were due entirely to the decedent's alleged ulcer and resulting complica

  • The Lamar Co. LLC v. Whiteway Neon-Ad

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Matthew C. Klase, Edward A. Webb Webb Klase & Lemond LLC, Atlanta, for appellant.
    for defendant: John M. Levengood McKenna Long & Aldridge LLP, Atlanta, Bruce M. Edenfield, Dahlonega, for appellee.
    Case Number: A09A2258

    The Court of Appeals could not simply affirm the superior court's reversal of the DOT's final decision, even though the DOT did not properly address and resolve the issues considered by the ALJ and

  • Jiminez v. Gilbane Building Co.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Tonya F. Stokes Carlock, Copeland, Semler & Stair, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Marvin P. Pastel II Weinstock & Scavo PC, Keith L. Richardson Kilpatrick Stockton LLP and Darryl G. Haynes Law Office of James C. McLaughlin, Atlanta, for appellees.
    Case Number: A09A2061

    The trial court erred in granting summary judgment to a plumbing contractor on the issue of whether a subcontractor agreed to indemnify the plumbing contractor for possible damages arising from pipe

  • Gish v. Thomas

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: George P. Shingler Casey Gilson PC, Atlanta, for Gish et al. Jason C. Waymire, Buford, for Thomas and Pike county.
    for defendant:
    Case Number: A09A1855, A09A1944

    O.C.G.A. § 45-5-2 does not contain an express waiver of sovereign immunity for claims brought under that section against a county for medical

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Green v. Key Custom Homes Inc.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Dennis G. Dozier and Bethany M. Hillis Law Office of Dennis Dozier, Rincon, for appellant.
    for defendant: . Richard R. Rafter, Springfield, for appellee.
    Case Number: A09A1912

    The plaintiffs were entitled to a new trial, because the jury award was more than twice what homebuilder requested and the evidence did not suppo

  • Allen v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice PC, Athens, and Jonathan L. Sharpley, Atlanta, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Rindi L. Harbeson, Assistant District Attorneys, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.
    Case Number: A09A1983

    Defendant's new ineffective assistance claims were procedurally b

  • In the Interest of JLK

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Melinda M. Katz, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A09A2308

    The evidence was insufficient to adjudicate defendant delinquent on the charge of simple assault, because the only evidence presented was he

  • Williams v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Wanda S. Jackson, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Keith R. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1984

    The requirements of O.C.G.A. § 16-13-49 o 5 were not met in the instant case, because after several continuances, the forfeiture hearing was held on July 24, 2008, 69 days after the last continuance

  • Watson v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Ronald L. Beckstrom, Albany, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, Tifton, for appellee.
    Case Number: A09A2212

    The police officer who opened defendant's trailer door had no authority to do so, defendant's consent to search the trailer was mere submission to apparent authority and involuntary, and consequentl