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Publication Date: 2010-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Robert D. Hyden The Hyden Law Firm and William J. McKenney McKenney & Froelich, Marietta, for appellant.
for defendant: Patrick H. Head, District Attorney, Dana J. Norman and Benjamin M. First, Assistant District Attorneys, Marietta, for appellee.
Case Number: A10A1052
The officers lacked probable cause to believe that the defendant intended to communicate his threats to a victim, so the defendant had the right to resist a
Publication Date: 2010-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Edward J. Bauer, Brandon R. Day Edward J. Bauer PC and Mary K. Durant, Atlanta, for appellant.
for defendant: Gene A. Major Fain, Major & Wiley, Y. Kevin Williams, John B. Jackson, Michael A. Sexton Weinberg, Wheeler, Hudgins, Gunn & Dial, Robert C. Semler, Atlanta, John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, Douglas L. Gibson Gibson & Assocs. PC, Waycross, Brian S. Duffey, Mary L. Wakeman and Jeff F. Dodson McConnaughhay, Duffy, Coonrod, Pope & Weaver PA, Tallahassee, Fla.,
Case Number: A10A0703
The Georgia Dram Shop Act did not require a store employee to investigate whether an allegedly intoxicated man would immediately drink a 12-pack of beer in a closed, packaged container, become furth
Publication Date: 2010-06-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
for defendant: . William J. Hunter Oliver, Maner & Gray LLP, Savannah, for appellee.
Case Number: A10A0767
The medical malpractice plaintiff's expert affidavit was insufficient under O.C.G.A. § 24-9-6
Publication Date: 2010-06-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, for appellant.
for defendant: . Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville, Kimberly A. McNamara and John E. Alday Harper, Waldon & Craig, Atlanta, for appellee.
Case Number: A10A0594
The appellants' third-party complaint against the driver of the car in which the plaintiffs were riding when they were injured was not an impermissible attempt to substitute defen
Publication Date: 2010-06-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Atlanta, for appellant.
for defendant: . Kenneth A. Smith Smith, Wallis & Scott, Carrollton, for appellee. Delece Brooks State Bd. of Workers' Compensation, Atlanta.
Case Number: A10A0790
Some competent evidence supported the appellate division's finding that the claimant experienced a change of condition for the better and was no longer entitled to receive medical treatment benefit
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Publication Date: 2010-06-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellant.
for defendant: Robert B. Hill McClain & Merritt, Atlanta, for appellee.
Case Number: A10A0458
Summary judgment to lotion company was proper, because the plaintiff presented no evidence that a lotion company had a duty to warn consumers of severe allergic reactions, from using the company's s
Publication Date: 2010-05-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta. Leigh E. Patterson, District Attorney, and Finis J. Salmon, Assistant District Attorney, Rome, for appellee.
for defendant:
Case Number: A10A1319
Evidence showing that the defendant was riding in a car with a gun hidden under a seat was sufficient to sustain his conviction for carrying a concealed weapon under OCGA § 16-11-
Publication Date: 2010-05-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
for defendant: Patrick H. Head, District Attorney, Albert T. Reeves Jr. and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
Case Number: A10A0410
The trial court properly denied the defendant's motion to suppress, because police officers were authorized to handcuff the defendant and pat him down for weapons, since the defendant behaved in a t
Publication Date: 2010-05-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stanley E. Harris Jr. Duffy & Feemster LLC, Savannah, for appellant.
for defendant: Lester B. Johnson III, Savannah, for appellee.
Case Number: A10A0311
An Investment group lacked standing to sue the city for trespass, because the tax deed, which the investment group acquired at the tax sale of the property, did not convey legal title to the proper
Publication Date: 2010-05-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: John D. Hipes, Alpharetta, for appellant.
for defendant: Jason B. Schwartz Temple, Strickland, Counts & Dinges, Decatur, for appellee.
Case Number: A10A1140
The appellant failed to prove that he had any right to proceed against an insurer in his own name with regard to a homeowner's policy renewal, which provided coverage for the homeowner's legal repre
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