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Publication Date: 2014-10-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Corey Stern and Natalie Woodward Woodward & Stern LLC, Roswell, for appellant.
for defendant: . Edgar Mangiafico Ragsdale, Beals, Seigler, Patterson Gray LLP, Atlanta, and John Morgan, Decatur, for appellees. Other party representation: Randall Snodgrass, Robbie Snodgrass, and Melissa Snodgrass, Smyrna.
Case Number: A14A0971
A reasonable jury could find that the defendant-parents failed to exercise due care in supervising and controlling their 13-year-old son's use of their computer and Internet account after learning
Publication Date: 2014-10-21
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Kathleen Pacious, Deputy Attorney General, Loretta Pinkston, Senior Assistant Attorney General, Kirsten Daughdril Attorney General's Office, Grant Smith, and Brent Estes Dennis, Corry, Porter & Smith LLP, Atlanta, for appellant.
for defendant: Joyce Bergman, Fairburn, for appellee.
Case Number: A14A1767
The 2-year statute of limitation barred the plaintiff's personal injury action against the Georgia Regional Transportation Auth
Publication Date: 2014-09-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Brian McEvoy Chilivis Cochran Larkins & Bever LLP, and Donald Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
for defendant: Samuel S. Olens, Attorney General, Nancy Allstrom Georgia Medicaid Fraud Control Unit, Atlanta, and Robert James, District Attorney, Decatur, for appellee.
Case Number: A14A1957
The record supported the denial of the Medicaid fraud defendant's request for an appeal bond, since there was a substantial risk that he would
Publication Date: 2014-09-12
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Winston Denmark and Emilia Walker Fincher Denmark Williams & Minnifield LLC, Jonesboro, for appellant.
for defendant: Warren Fortson, Atlanta, for appellee.
Case Number: A14A1114
The superior court was not authorized to consider an issue that the terminated teacher did not raise prior to his appeal from a decision of the State Board of Educ
Publication Date: 2014-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Davene Walker, Torrey Smith, and Cathy Hampton City of Atlanta Law Department, Atlanta, for appellant.
for defendant: Samuel Starks Martin & Jones, Atlanta, for appellee.
Case Number: A14A1216
No evidence showed that the City of Atlanta negligently constructed or maintained a storm water drainage system that caused damage to the plaintiff's home and pro
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Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2014-09-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, Savannah, for appellant.
for defendant: Margaret Heap, District Attorney, and Jerome Rothschild, Assistant District Attorney, Savannah, for appellee.
Case Number: A14A1300
Defense counsel was not deficient in failing to raise a futile objection to the prosecutor's physical demonstration while questioning the armed robbery victim regarding his identification of the de
Publication Date: 2014-09-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Lee Darragh, District Attorney, Gainesville, Randall Schonder and Conley Greer District Attorney's Office, Dawsonville, for appellee.
Case Number: A14A0908
The trial court erred in imposing separate sentences on two counts of obtaining a controlled substance by fraud, as the defendant's single act of going to a pharmacy on a certain date to pick up the
Publication Date: 2014-09-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Adam Hames The Hames Law Firm, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
Case Number: A14A1223
The child molestation defendant did not show that his counsel was ineffective in failing to properly investigate the case or in failing to call two potential witnesses to testify on his b
Publication Date: 2014-09-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: James Bonner Georgia Public Defender Standards Council, Atlanta, and Michael Tarleton Georgia Public Defender Standards Council, Decatur, for appellant.
for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
Case Number: A14A0799
The defendant could not complain that his court-appointed counsel was ineffective in filing a general demurrer to the State's original indictment, as the defendant induced any deficiency by insisti
Publication Date: 2014-09-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: James Cook and Zachary Nelson Goodman McGuffey Lindsey & Johnson LLP, Atlanta, for appellant.
for defendant: James Lee and Michael Barber James E. Lee II PC, Macon, for appellee.
Case Number: A14A1497
The defendant property owner was entitled to summary judgment on the plaintiff's premises liability claim, as the plaintiff's knowledge of the presence of a hole in the ground was equal to or great
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