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  • Parker v. Jester

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: M. David Merritt and Thomas J. Melanson McLain & Merritt PC, for appellant.
    for defendant: . Elizabeth Pelypenko The Pelypenko Law Firm PC, Atlanta, for appellees.
    Case Number: A00A0879

    Father's loan of his car to his adult daughter who was not living in his immediate household did not subject him to vicarious liability under the Family Purpose Doc

  • Hammond v. Lee

    Publication Date: 2000-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bobby D. Simmons, Forest Park, for appellant.
    for defendant: Gary M. Cooper Cooper & Avery, Duluth, for appellee. Other party representation: Craig R. White Donahue, Hoey, Rawls & Skedsvold LLC, Atlanta.
    Case Number: A00A0435

    The workers' compensation insurer was not entitled to a subrogation lien against the lost wages which the plaintiff recovered in her third-party suit against the tortfeasor because the plaintiff was

  • Habersham Venture Ltd. v. Breedlove Jr.

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Bradley S. Wolff Swift, Currie, McGhee & Heirs, Atlanta, and Leslie A. Lunsford Law Office of Stacey Anne Torpey, Norcross, for appellant.
    for defendant: C. Suzette Ellis-Hoyle, Decatur, for appellees. Other party representation: Rodney S. Zell Zell & Zell PC, William G. Cromwell Gillen, Dailey, Cromwell, Withers & Brantley, Atlanta, Eric T. Johnson, Tucker, and Patricia M. Peters, Norcross.
    Case Number: A00A0137, A00A0138

    Property owner and tenant who operated a nightclub were not liable for the injuries the plaintiffs sustained when the plaintiffs voluntarily entered into a fight in the nightclub's parkin

  • Parker v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant.
    for defendant: Richard A. Malone, District Attorney, Swainsboro, for appellee.
    Case Number: A00A0254

    Trial court properly allowed the officer who investigated the similar transactions to testify at defendant's pretrial hearing about the information he gathered from witn

  • Birnbrey, Minsk & Minsk v. Yirga

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Hollis C. Cobb Greer, Klosik & Daugherty, Atlanta, for appellant.
    for defendant: Joe A. Weeks, Avondale Estates, for appellee. Other party representation: Lisa K. Whitfield, Ronald D. Reemsnyder Welch, Spell, Reemsnyder & Pless PC and Cynthia J. Becker Chamers, Mabry, McClelland & Brooks, Atlanta.
    Case Number: A00A0267

    Absent evidence that defendant's employee was noticeably intoxicated at its holiday luncheon, the defendant was not liable for the accident involving the employee several hours

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    Connecticut Medical Malpractice: A Manual of Practice and Procedure, 7th Edition

    Authors: Joyce A. Lagnese, Calum B. Anderson, Frank H. Santoro

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  • Moon v. State

    Publication Date: 2000-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A0738

    The trial court did not err in failing to give a sua sponte charge on justification, as defendant could have asked for help or called 911 instead of taking the victim's truck in an attempt to get hi

  • Hunter v. The Cabe Group Inc.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David M. Kupsky McKinney & Froelich, Atlanta, for appellant.
    for defendant: Eric N. Van de Water and Richard M. Bayus II Carr, Tabb & Pope, Atlanta, for appellee. Other party representation: Stephen P. Fuller Davidson & Fuller, Duluth.
    Case Number: A00A0357

    There was no evidence that the bar owner or his employees should have been aware that a wasted customer would suddenly attack the plaintiff without provoc

  • Stephens v. Harbor Club Inc.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David G. Kopp, Greensboro, for appellant.
    for defendant: M. Steven Heath and Josh B. Wages Blasingame, Burch, Garrard, Bryant & Ashley, Athens, for appellee.
    Case Number: A00A0128

    ERISA did not pre-empt plaintiff's claim that her employer fraudulently misrepresented her entitlement to workers' compensation benefits, because that claim was not related to any ERISA benefits pr

  • Lamb v. Salvage Disposal Co. of Ga.

    Publication Date: 2000-07-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Peter G. Williams, Columbus, for appellant.
    for defendant: Bruce R. Vail Glaze & Glaze, Jonesboro, for appellees. Other party representation: Douglas C. Vassy Tisinger, Vance & Greer PC, Carrollton, and Joe M. Harris Jr. Law Department, Atlanta.
    Case Number: A00A0062

    Because the plaintiff's car was totaled in an accident, he suffered no damages from the defendants' alleged conversion of the totaled car when they had it towed to a salvage

  • Bendock v. Traton Corp. of Cobb

    Publication Date: 2000-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A0334

    A jury question remained as to whether the plaintiffs breached their home construction agreement by refusing to close because the defendant did not properly regrade their lot after they advanced him $81