• Boyd v. Big Lots Stores, Inc

    Publication Date: 2018-08-17
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Laura Hinson, Caleb Walker (Katherine L. Mcarthur, LLC), Macon; Maconl Katherine McArthur, Reza Sedghi, (Mcarthur Law Firm), Macon; Jessica Edmonds (McArthur Law Firm) Macon, for appellant.
    for defendant: Barbara Marschalk, John Stevens, (Drew, Eckl & Farnham), Atlanta, for appellee. Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for other party.

    Case Number: 18A1140

    Slip-And-Fall Location In Parking Lot 45 Feet From Store Entrance Was Not Approach to Store Premises

  • Brock et al. v. Daugherty

    Publication Date: 2018-07-18
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Ashley Sillay (Ashley Sillay, Attorney at Law, LLC), Macon, for appellant.
    for defendant: John Ramay (The Ramay Law Firm), Hazlehurst; J. Crowley (Bush Crowley & Leverett), Macon, for appellee.

    Case Number: A18A0445

    State of Record on Appeal Precluded De Novo Review

  • In The Interest of R. P., A Child

    Publication Date: 2018-07-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.

    Case Number: A18A0069

    Statements to Police Made Immediately After Juvenile Waived Miranda Rights Were Made Voluntarily

  • The State v. Cain

    Publication Date: 2018-06-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Maria Lugue (Solicitor General), Brunswick; E. Ramsey (Attorney at Law), Brunswick, for appellant.
    for defendant: Alan Tucker (Alan David Tucker ESQ. P.C.), Brunswick, for appellee.

    Case Number: A18A0750

    Failure of Police to Retrieve and Preserve Video Documenting DUI Traffic Stop Did Not Deprive Defendant of Due Process

  • Woods et al. v. A.R.E. Accessories, LLC

    Publication Date: 2018-06-21
    Practice Area: Civil Procedure | Products Liability
    Industry: Automotive | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: John Peavy (Peavy Law LLC), Atlanta, for appellant.
    for defendant: Alan Ness, Duluth, for appellee.

    Case Number: A18A0292

    The trial court properly granted summary judgment to manufacturer in plaintiffs' product liability action because there was an absence of evidence in the record that the product was defectively designed; rather, the evidence showed that the sole cause of plaintiffs' injuries was the unforeseeable misuse of the product.

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  • McCurley v. The State

    Publication Date: 2018-06-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm PC), Marietta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A18A0471

    Trial Clerk's Testimony He Timely Mailed Copy of Order to Defendant Supported Denial of Motion To File Out-Of-Time Appeal

  • The State v. Voyles

    Publication Date: 2018-06-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Donald Donovan (District Attorney), Dallas; Anthony Williams (Assistant District Attorney), Dallas; Ashley Cox, Dallas, for appellant.
    for defendant: Candace Rader (Attorney at Law), Carrollton, for appellee.

    Case Number: A18A0771

    Probative Value of Evidence of Prior Similar DUI Arrests Substantially Outweighed Potential Prejudice

  • Cordle v. The State

    Publication Date: 2018-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Victor Aloisio (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A18A0903

    The trial court properly declined to merge for sentencing purposes defendant's convictions on two counts of burglary arising after he broke into two businesses in the same building.

  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Moody et al. v. Hill, Kertscher & Wharton, LLP et al.

    Publication Date: 2018-05-15
    Practice Area: Legal Ethics and Attorney Discipline | Legal Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Bret Moore, Douglas Chandler (Chandler & Moore Law LLC), Atlanta, for appellant.
    for defendant: Mark Rogers, Johannes Kingma (Carlock Copeland & Stair LLP), Atlanta, for appellee. Gregory Digel, Matthew Friedlander (Holland & Knight LLP), Atlanta, for other party.

    Case Number: A18A1011

    The trial court erred in denying plaintiffs' motion for protective order in their legal malpractice action in which defendants requested production of a non-party attorney's litigation files and correspondences with plaintiff, as there was no evidence of an implied waiver of the attorney-client privilege with regard to the third-party attorney.