• Durham v. Tony Patel d/b/a BJ's BP

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Scott A. Hart, Atlanta, for Atlanta, for appellant.
    for defendant: Kenneth D. Bruce, Summerville, for appellee.

    Case Number: A06A2193

    Factual questions remained as to whether the defendant's floor was wet from mopping when the plaintiff slipped and fell and whether the defendant placed warning

  • Creamer v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerald P. Privin Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Suhirjahaan S. Morehead District Attorney's Office, Rome, for appellee.

    Case Number: A06A2187

    Any error in the level of certainty portion of the defendant's requested charge on the reliability of eyewitness identification was harmless, given the independent evidence linking the defendant to

  • Mayor & Council of the City of Fort Valley v. Grills

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles E. Jones Jones & Oliver, Fort Valley, for appellant.
    for defendant: . Charles R. Adams Jr. Adams & Adams, Fort Valley, for appellee.

    Case Number: A06A0851

    The city of Fort Valley was unauthorized to charge a $75 collection fee to all persons paying overdue property taxes, since O.C.G.A. § 48-3-9 a only allows for collection of the costs associated wit

  • In the Interest of D. N. K.

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nathan A. Hayes, Norcross, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Charissa A. Ruel, Assistant Attorney General, and Lytia G. Brown, Atlanta, for appellee. Other party representation: Antavius M. Weems, Atlanta.

    Case Number: A06A1489

    The evidence failed to show that the mother's 4-year-old son had a developmental disability or special needs, which the mother was incapable of me

  • Palmer v. State

    Publication Date: 2006-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Timothy P. Healy and Nina M. Svoren Healy & Svoren, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and Richard K. Bridgeman, Assistant District Attorney, Toccoa, for appellee.

    Case Number: A06A1795

    The defendant's special demurrers to his indictment on 24 counts of sexual exploitation of children were untimely filed after he pled not guilty to the ch

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  • Hoeflick v. Bradley

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Christian G. Henry, Madison, for appellant.
    for defendant: Jeffrey P. Raasch, Gary L. Seacrest, Annarita M. Busbee Seacrest, Karesh, Tate & Bicknese, and Jennifer E. Parrott Drew, Eckl & Farnham LLP, Atlanta, for appellee.

    Case Number: A06A0898

    Case remanded for the trial court to determine whether the defendant is liable to the plaintiff for the damage to her car, after the defendant's cow wandered onto a hi

  • Johnson v. State

    Publication Date: 2006-11-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Joyce A. Bussey, Assistant Public Defender, Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Josh W. Thacker, Assistant District Attorney, Zebulon, for appellee.

    Case Number: A06A1631

    The evi did not support a finding that the defendant constructively possessed the drugs found in the searched resi

  • Ross v. State

    Publication Date: 2006-11-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A06A2095

    The rules of evidence favor admission of any relevant evidence, not matter how slight its probative value, so the trial court did not err in admitting the gun found on the side of the road, followin

  • Mariner Health Care Inc. v. PricewaterhouseCoopers LLP

    Publication Date: 2006-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Michael J. McConnell, Joseph E. Finley, David C. Kiernan and G. Lee Garrett Jones Day, Atlanta, for appellant.
    for defendant: John A. Chandler, Elizabeth V. Tanis and Drew D. Dropkin Southerland, Asbill & Brennan, Atlanta. Other party representation: Jill Pryor, Jeffrey O. Bramlett Bondurant, Mixson & Elmore, Peter Q. Bassett, Mary C. Gill Alston & Bird, Elizabeth T. Baer Meadows, Ichter & Bowers, Atlanta, and Jason L. Crawford Dougherty, Crawford, Fuller & Brown LLP, Columbus.

    Case Number: A06A1372

    The plaintiff should have been allowed to voluntary dismiss its suit claiming that the defendant/auditor caused another company, which acquired and merged with the plaintiff, to purchase the plainti

  • Kurtz v. Brown Shoe Co.

    Publication Date: 2006-10-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Lecora Bowen, Atlanta, for appellant.
    for defendant: . James T. Brieske, Atlanta, for appellee.

    Case Number: A06A1887

    The trial court properly granted partial summary judgment to the defendant on plaintiffs' punitive damages claim, since no evidence showed that the defendant acted willfully, maliciously, or with th