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  • MCG Health Inc. v. Barton

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James S. Weston Hull, Towill, Norman, Barrett & Salley PC, Augusta, for MCG Health Inc. Thomas R. Burnside Jr. and Mark B. Williamson Burnside, Wall, Daniel & Ellison, Augusta, for Barton. Thurbert E. Baker, Attorney General, and Claude M. Sitton, Assistant Attorney General, Atlanta, for Board of Regents.
    for defendant:
    Case Number: A07A1060; A07A1061

    The plaintiff's medical expert, who had more than 20 years of emergency room experience, including experience in diagnosing testicular injuries, had the requisite knowledge and experience under O.C

  • Hardnett v. Silvey

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas W. Nicholson, Atlanta, for appellant.
    for defendant: William H. Major III and Peter A. Jacxsens Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A07A1044

    The plaintiff failed to present evidence of any particular hazard, which caused him to fall off the of the defendant's shed or which was not normally associated with repairing a

  • Lilly v. State

    Publication Date: 2007-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Michael M. Sheffield, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Karen M. Harris, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A07A1066

    Any inconsistencies in the 5-year-old victim's prior statements or issues regarding her credibility were matters for the jury to re

  • Northern v. State

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Paul S. Liston, Fayetteville, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Fayetteville, for appellee.
    Case Number: A07A1142

    The trial court did not abuse its discretion in sustaining the state's objection to the defendant's question during his cross-examination of the victim, since the question called for a legal conclus

  • Harris v. Inn of Lake City

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James A. Yancey Jr., Brunswick, for appellant.
    for defendant: . Leslie J. Thompson and Michael G. Frick Hall, Booth, Smith & Slover PC, Brunswick, for appellee.
    Case Number: A07A0952

    A resort had no duty to keep safe a set of stairs descending to the beach, because the stairs were located on county-owned land and the plaintiffs were not injured on an approach directly contiguous

  • Law Journal Press | Digital Book

    New Jersey Arbitration Handbook 2024

    Authors: Hon. William A. Dreier, Robert E. Bartkus

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  • Kirkland v. Tamplin

    Publication Date: 2007-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dwain L. Kirkland, Hull, proceeded pro se. Thomas H. Rogers Jr. and Thomas F. Hollingsworth III Blasingame, Burch, Garrard & Ashley PC, Athens, for appellees.
    for defendant:
    Case Number: A07A1225

    Absence evidence of fraud, the plaintiff could not show that his nephew's actions in allegedly discussing Scientology with the plaintiff's father were imp

  • Watson v. Georgia Dept. of Corrections

    Publication Date: 2007-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, and Jennifer L. Dalton, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A07A0840

    The plaintiff could not assert a § claim against the state or the Georgia Department of Corrections, since neither entity is a person within the meaning of §

  • Kirkland v. Kirkland

    Publication Date: 2007-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dwain L. Kirkland, Hull, proceeded pro se. Thomas H. Rogers Jr. and Thomas F. Hollingsworth III Blasingame, Butch, Garrard, Bryant & Ashley, Athens, for appellees.
    for defendant:
    Case Number: A07A0863

    The 2-year statute of limitation barred the plaintiff's claims for personal injuries based on alleged child abuse, since the plaintiff's right of action accrued e time of the abuse, which ended

  • Lawton v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven L. Sparger, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, Savannah, and Russell B. Mabrey Jr., Assistant District Attorney, Perry, for appellee.
    Case Number: A07A0827

    Defense counsel was not deficient for strategically pursuing an equal access defense, rather than trying to challenge the underlying search wa

  • Jones v. State

    Publication Date: 2007-04-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: R. Gary Spencer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David J. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A07A0958

    The defendant waived his claim that his trial counsel was deficient for not submitting a written jury charge regarding victim sym