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  • Bryant v. Hoffman La Roche Inc.

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird and Jonathan T. McCants Bird & Assocs., Atlanta, for appellant.
    for defendant: . Richard B. North Jr., Matthew B. Lerner Nelson, Mullins, Riley & Scarborough, Atlanta, and Leslie J. Bobo Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for appellee.
    Case Number: A03A0661

    Once a prima facie case for design defect is established, a pharmaceutical manufacturer will be relieved from strict liability only when it demonstrates that 1 the product is properly manufactured a

  • Mack v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1121

    Newly discovered evidence that would authorized the defendant's conviction as a party to the crimes did not entitle him to a new

  • Williams v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alfred F. Zachry, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Nigel R. Lush, Assistant District Attorney, LaGrange, for appellee.
    Case Number: A03A1091

    The undercover officers' testimony regarding three cocaine sales supported a finding of proper

  • Daniel v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory L. Daniel, Unadilla, proceeded pro se. Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    for defendant:
    Case Number: A03A1147

    The trial judge was entitled to fix defendant's sentence for non-capital off

  • Plyant v. Samuels Inc.

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas S. Kenney, Lisa H. Baggett Kenney & Solomon PC and Lara E. Smith, Duluth, for appellant.
    for defendant: William E. Zschunke and Melissa C. Duffey Webb, Zschunke, Miller & Dikeman LLP, Atlanta, for appellee.
    Case Number: A03A0527

    A jury must decide whether the defendant breached its duty to keep its premises safe by failing to conduct or negligently conducting inspections of the shower it provided for its cust

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  • Pabey v. State

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jacquelyn L. Johnson, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A03A0299

    The defendant was entitled to summary judgment in the civil forfeiture action brought against her under the RICO statute because the state's evidence was insuffi

  • Wal-Mart Stores Inc. v. Wheeler

    Publication Date: 2003-08-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Joseph D. Perrotta, Alpharetta, for appellant.
    for defendant: Ralph F. Simpson Simpson & Cross, Tifton, for appellee.
    Case Number: A03A0663

    The two year and three day delay between the time the buyer was injured and the time he served the seller with notice of the product defect, without more, was not unreasonable as a matter of law an

  • Davis Co. Inc. v. Department of Transp.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles L. Ruffin and Rachel E. Ross Ruffin & Dell, Macon, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Atlanta, Carle E. Lancaster, Macon, Luther H. Beck Chandler & Britt LLC, and John H. Zwald Carothers & Mitchell, Buford, for appellee. Other party representation: Michael G. Gray Walker, Hulbert, Gray, Byrd & Christy LLP, Perry.
    Case Number: A03A0812

    The condemnees could not recover business losses based on anticipated profits from a planned-but-not-completed upgraded business on the condemned

  • In the Interest of V.E.H.

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jean M. Kutner Kutner & Bloom, Atlanta, Michelle G. Lundy and Catherine B. Sanderson Lundy & Sanderson, Peachtree City, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Assistant Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Brenda A. Raspberry, Assistant Attorneys General, Atlanta, and James T. Chafin III, McDonough, for appellee. Other Party Representation: William D. Patten Jr., Stockbridge.
    Case Number: A03A0288

    Termination of the mother's parental rights was not warranted where DFACS presented no evidence of the mother's current circumstances or present unfi

  • Guzman v. State

    Publication Date: 2003-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles D. Joyner and James R. Little, Buford, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, District Attorney, Phil Wiley and Tracie J. Hobbs, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A03A0255

    Defendant, who served alcohol to a minor and allowed the minor to drive his vehicle while intoxicated, was a party to the crime of vehicular homicide after the minor lost control of the car, killing