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  • Sentry Select Ins. Co. v. Treadwell

    Publication Date: 2012-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Renee Little Carlock Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: . Brian Rogers Fried Rogers Goldberg LLC, Atlanta, and Lester Miller, Macon, for appellee.
    Case Number: A12A1052

    The trial court erroneously struck the defendant's answer, relying in significant part on erroneous findings regarding spoliation of certain evidence to impose the most extreme sanction of striking

  • The Med. Ctr. Inc. v. Hernandez; Hernandez v. Atlanta Drywall LLC

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1292; A12A1315

    Because the employees were traveling to the job site and not yet engaged in thei oyment at the time of the accident at issue, the resulting injuries did not arise out of or in the course of the

  • Hendley v. Evans

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Brent Savage, Brent Savage Jr. Savage, Turner, Pinson & Karsman, Savannah, and Berrien Sutton, Homerville, for appellant.
    for defendant: . Gregory Talley and Alphonso Howell Coleman Talley LLP, Valdosta, for appellees.
    Case Number: A12A1218

    The trial court erred in failing to charge the jury on the doctor's potential vicarious liability for the negligence of hospital personnel under his supervision in the operating

  • Perlman v. Perlman

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Wayne Keaton, Dallas, for appellant.
    for defendant: Carol Baskin Baskin & Baskin, Marietta, for appellee.
    Case Number: A12A1363

    The trial court did not abuse its discretion in denying the father's petition for family violence protective orders on behalf of his two minor daughters, as he did not show by a preponderance of the

  • Butler v. State

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: J. Scott Key, Decatur, and Margaret Flynt J. Scott Key PC, McDonough, for appellant.
    for defendant: Scott Ballard, District Attorney, Thomaston, and Jeremy Hayes District Attorney's Office, Fayetteville, for appellee.
    Case Number: A12A1453

    The defendant did not show that his counsel was ineffective in explaining the strength of the evidence against him and conveying all plea bargain offers from the State t

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Jones v. State

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Rudjard Hayes Sanchez Hayes & Assoc. LLC, Tyrone, for appellant.
    for defendant: Julia Slater, District Attorney, and Jennifer Dunlap, Assistant District Attorney, Columbus, for appellee.
    Case Number: A12A1429

    The defendant stated that he owned everything in his residence, where officers found 325 grams of methamphetamine, digital scales, guns, and approximately $90K in the defendant's bedroom closet, pur

  • Settles Bridge Farm LLC v. Masino

    Publication Date: 2012-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Ariel Zion, Simon Bloom, and Stephanie Everett Bloom Sugarman Everett LLP, Atlanta, for appellant.
    for defendant: Johannes Kingma, William Jones, Christopher Hoffman Carlock Copeland & Stair LLP, Jack Slover, and Chad Wingate Hall Booth Smith & Slover PC, Atlanta, for appellees.
    Case Number: A12A0898

    The alleged statements forming the basis of the plaintiff's tortious interference with business and contractual relations complaint against a chamber of commerce and its vice president were privileg

  • Griswold v. Collins

    Publication Date: 2012-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Michael O. Mondy, Atlanta, for appellant.
    for defendant: . Ronald Polly, Alex Barfield, and Brenton Bean Hawkins Parnell Thackston & Young LLP, Atlanta, for appellee.
    Case Number: A12A0808

    The Court found remaining questions of fact regarding whether the defendant school teacher was entitled to immunity as to the plaintiff's assault and battery claims based on three alleged incidents

  • Booth v. Brewster

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Cynthia Johnson, Cohutta, for appellant.
    for defendant: Kelley Webb Downey & Cleveland LLP, Marietta, for appellee.
    Case Number: A12A1475

    Although the evidence did not warrant the trial court's jury charge on the doctrine of last clear chance, the error was har

  • Callaway v. Garland

    Publication Date: 2012-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Janna Akins and Daniel Davenport, Blairsville, for appellant.
    for defendant: . Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellee.
    Case Number: A12A1564

    The appellants failed to show that an earlier a in a child custody dispute had supersedeas effect, as the Court found no indication that the child's mother paid all a costs in the earlier a