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  • Gonzalez v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1465

    The officers' actions in stopping the defendant's vehicle were valid, even though they had ulterior motives in initiating the stop, since they observed the defendant committing a traffic viol

  • Boyd v. Robinson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William J. Mueller, Atlanta, for appellant.
    for defendant: George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair PC, Atlanta, for appellees.
    Case Number: A09A1681

    The plaintiff was able to voluntarily dismiss his original law suit and use the renewal statute to ' "nurse the cause of action into full life," ' five years after expiration of the statute of limi

  • Harrison v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John B. Tucker, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and William D. Hocutt District Attorney's Office, LaGrange, for appellee.
    Case Number: A09A1184

    The defendant had forcible sexual intercourse with his 12-year-old dau

  • Department of Transp. v. Crowe

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Atlanta, and Robert M. Dyer Robert M. Dyer & Assoc., Canton, for appellant.
    for defendant: Brandon L. Bowen, Cartersville, for appellees.
    Case Number: A09A1333

    The DOT could not complain that the trial court erred in allowing the appellees' expert appraiser to testify regarding the replacement cost of a pond on their condemned property, since it did not s

  • Banks-Jackson-Commerce Hosp. & Nursing Home Auth. v. Floyd

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jeffrey D. Braintwain and Anna B. Fretwell Huff, Powell & Bailey LLC, Atlanta, for appellant.
    for defendant: J. Vincent Cook, Robert C. Irwin III Cook, Noell, Tolley, Bates & Michael LLP, Athens, and John A. Dickerson McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellees.
    Case Number: A09A1368

    The plaintiffs' claims did not meet O.C.G.A. § 9-11-20 a's requirements for joinder as each alleged different damages arising out of different medical treatment on different

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Brown v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: April L. Williams, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1514

    The trial court did not err in sentencing the defendant to the maximum 20-year term on each count based on his lack of re

  • Walker v. State

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Salvatore L. Schiappa III, Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1539

    Since the defendant's detention was illegal, his attempt to avoid it could not support an obstruction c

  • Laidlaw Transit Servs. Inc. v. Young

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Susannah R. Pedigo Inglesby, Falligant, Horne, Courtington & Chisholm, Savannah, for appellant.
    for defendant: Robert B. Turner, Ashleigh R. Madison Savage, Turner, Pinson & Karsman, Lester B. Johnson III, Savannah, and Warren S. Fox Hawkins & Parnell LLP, Atlanta, for appellee.
    Case Number: A09A1525

    Common carriers are not liable as insurers of their passengers' s

  • Smith v. Finch

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David S. Bills, Atlanta, and Benjamin L. Bagwell, Gainesville, for appellant.
    for defendant: . John A. Dickerson, Larry L. Hicks II McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, and Weymon H. Forrester Forrester & Brim, Gainesville, for appellees.
    Case Number: A08A0058

    The current pattern jury charge on hindsight in medical malpractice is not a correct statement of law as to the standard of care in medical malpractice

  • Jackson v. State

    Publication Date: 2009-08-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James W. Bradley, Lakemont, for appellant.
    for defendant: Melissa D. Redmon, Tracy G. Lawson, District Attorneys, and Robert C. Watts District Attorney's Office, Jonesboro, for appellee..
    Case Number: A09A1893

    The defendant entered his guilty plea to aggravated assault and DUI voluntarily, knowingly and intellig