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Publication Date: 2003-05-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Robert M. Beauchamp Beauchamp & Assocs., Albany, for appellant.
for defendant: . Charles G. Hicks, County Attorney, William J. Linkous III, Chief Assistant County Attorney, and Elizabeth B. Taylor, Senior Assistant County Attorney, Decatur, for appellees.
Case Number: A03A0293
A county's purchase of liability insurance covering a fire vehicle did not constitute a waiver of sovereign immunity under O.C.G.A. § 33-24-51 a, because the decedent's drowning did not arise from t
Publication Date: 2003-05-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: James Demido, Troy, proceeded pro se. Craig E. Bertschi, William H. Boice and Clinton F. Fletcher Kilpatrick Stockton LLP, Atlanta, for appellees.
for defendant:
Case Number: A03A0356
There was no evidence to support the plaintiff's intentional tort claims against a company that provided colocation services for the plaintiff's computer server and mistakenly released that server t
Publication Date: 2003-05-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
for defendant: Robert E. Turner, Warner Robins, for appellee. Other Party Representation: Michael J. Moore, Warner Robins.
Case Number: A03A0694
There was no evidence that the decedent severed a joint tenancy estate during his lifetime in accordance with O.C.G.A. § 44-6-190 a, so the plaintiff was not entitled to reformation of the deeds cre
Publication Date: 2003-05-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen H. Brown Fulcher, Hagler, Reed, Hanks & Harper, Augusta, for appellant.
for defendant: Ellis R. Garnett, Augusta, for appellee.
Case Number: A03A0533
A grocery store had no duty under O.C.G.A. § 51-3-1 to keep an adjacent parking lot safe to its invitees, where the store neither owned, nor maintained th
Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Alfred B. Adams III, Laurie W. Daniel, C. Andrew Head Holland & Knight, Atlanta, and Lisa G. Wood Gilbert, Harrell, Gilbert, Sumerford, Brunswick, for appellant.
for defendant: Solomon A. Amusan The Amusan Law Firm PC, Savannah, for appellee.
Case Number: A03A0714
The trial court lacked jurisdiction to vacate the dismissal of plaintiff's tort suit outside the term of court in which the dismissal was en
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Publication Date: 2003-05-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Stephen E. Tillman, Baxley, and Franklin D. McCrea, Alma, for appellant.
for defendant: Stephen D. Kelley, District Attorney, Brunswick, and John B. Johnson III, Jesup, for appellee.
Case Number: A03A0394
The trial court did not err in submitting a superseding indictment to the jury since the only change was an allegation that the statute of limitation on prosecutions was tolled while the defendant's
Publication Date: 2003-04-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: George L. French The Thomas Firm LLC, Atlanta, for appellant.
for defendant: Carroll G. Jester Jr., Laura M. Medlin and Stephen J. Raab Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.
Case Number: A03A0650
Plaintiff failed to show that a home improvement store had superior knowledge of a split piece of wood, which broke off and fell on his wrist when he reached into a bin for a piece of base mo
Publication Date: 2003-04-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Glenn Whitley Reinhardt, Whitley & Wilmot, Tifton, for appellant.
for defendant: . Jon V. Forehand Allen & Forehand, Moultrie, for appellees. Other party representation: James B. Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta.
Case Number: A03A0030
No direct evidence showed that defendant was driving the car that rear-ended the plaintiffs and the circumstantial evidence to the contrary was not overwhe
Publication Date: 2003-04-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Christopher M. Quinn, Assistant District Attorney, Atlanta, for appellee.
Case Number: A03A0016
The defendant robbed one Wendy's restaurant drive-in of over $500 at gunpoint and took $43 from another Wendy's restaurant after placing a handgun with a towel over it on the drive-in window
Publication Date: 2003-04-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys: For plaintiff: Lawrence L. Bennett Jr., Atlanta, for Metropolitan Property & Cas. Ins. Co. William D. Temple Temple, Strickland & Counts, Decatur, George E. Duncan Jr. and Jennifer C. Adair Duncan & Mangiafico PC, John A. Pape Jr. Allen & Assocs. and Dale C. Ray Jr. Chambers, Aholt & Rickard LLP, Atlanta, for McCall. Kenneth J. Lander McNally, Edwards, Bailey & Lander and Donald W. Osborne, Monroe, for Smallwood.
for defendant:
Case Number: A03A0062; A03A0063
The named insured's son was not a permissive driver under the parties' insurance policy, since the undisputed evidence showed that he did not have a driver's license and was strictly forbidden from
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