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  • State Farm Mutual Automobile Insurance Corporation v. Fabrizio

    Publication Date: 2018-01-31
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Britton White, G. White (Brennan, Harris & Rominger LLP), Savannah, for appellant.
    for defendant: Jason Downey (The Downey Law Firm, LLC), Macon, for appellee. Sarah Akins (Ellis, Painter, Ratterree & Adams, L.L.P.), Savannah; Lester Miller (Law Office of Lester Monroe Miller), for other party.
    Case Number: A17A1446

    The trial court erred in granting summary judgment to plaintiff in her suit to collect uninsured/underinsured motorist benefits following an automobile accident, because genuine issues of material fact existed regarding coverage under five automobile insurance policies issued to plaintiff's father.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.

  • Norton et al. v. United Health Services Of Georgia, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Dispute Resolution | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Douglas Chaffin (McHugh Fuller Law Group), Hattiesburg, for appellant.
    for defendant: John Hood (Wellstar Health System Inc.), Marietta; Jason Bring, Tyler Arnold (Arnall Golden Gregory LLP), Atlanta, for appellee.
    Case Number: A15A2268

    An arbitration agreement governed by the Federal Arbitration Act and entered into by a decedent and/or her power of attorney, which bound the decedent and her estate to arbitration, was also enforceable against the decedent's beneficiaries in a wrongful death action.

  • HH&L Electric, Inc. v. Hebbard Electric, Inc.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Contracts | Evidence
    Industry: Construction
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Long (Tucker, Everitt, Long, Brewton & Lanier), Augusta, for appellant.
    for defendant: Joseph Staak (Smith, Currie & Hancock), Atlanta, for appellee.
    Case Number: A17A0957

    The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

  • Smith v. Found et al.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Agriculture
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta; William Purvis (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellant.
    for defendant: James King (Hudson King), Tifton; Joseph Hudson (Sims, Fleming, Hudson & Crosby), Tifton, for appellee.
    Case Number: A17A1312

    Defendant was entitled to summary judgment in plaintiff's negligence action arising after her husband, a farm employee, died when he was pinned under a tractor tire while trying to remove it by himself, because the employee assumed the risk of injury as a matter of law and had equal or greater knowledge of the hazardous condition.

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    Winning at Trial: Insights from the Bench and Leading Litigators

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  • Henry v. The State

    Publication Date: 2017-11-03
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Timothy Henry, Waycross, for appellant.
    for defendant: Samuel Altman (District Attorney Middle Judicial Circuit), Swainsboro; John Fitzner (Middle Judicial Circuit), Swainsboro, for appellee.
    Case Number: A17A0999

    Although the trial court properly sentenced defendant as a recidivist to life in prison without the possibility of parole on his convictions for two counts of aggravated sodomy, the trial court erred in failing to impose a split sentence on his child molestation conviction; accordingly, the Court vacated the sentence and remanded for resentencing.

  • Pittmon v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville; Shiv Sachdeva (Northeastern Circuit District Attorney), Gainsville; Laura Lukert (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A17A0963

    The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him.

  • Mackey v. The State

    Publication Date: 2017-10-05
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1028

    The trial court properly permitted State to introduce into evidence copies of the birth certificate and social security card found in an underage prostitute's purse when she was arrested and that evidence, along with other evidence, supported defendant's convictions for pimping a person under the age of 18, contributing to the delinquency of a minor and trafficking a person for sexual servitude.