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Publication Date: 2012-11-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Chauncy Bailey and Robert Kenner, Stone Mountain, for appellant.
for defendant: Laura Maki, Atlanta, for appellee.
Case Number: A12A1612
The trial court properly admitted evidence of a settlement that the plaintiff had received in connection with a prior motorcycle accident, as it was relevant to impeach his testimony in his present
Publication Date: 2012-11-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Marla Chambless, Dawson, for appellant.
for defendant: John Durham and Julee Lewis, Cuthbert, for appellees.
Case Number: A12A0863
The trial court erred in granting summary judgment to the third-party defendant on a claim that she committed fraud in using a power of attorney to convey certain pro
Publication Date: 2012-11-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Charles Black Bannister and Black, Austell, for appellant.
for defendant: Ted Marcus, Atlanta, for appellee.
Case Number: A12A1336
The trial court erred in denying the defendant's motion for a directed verdict in an action on an open account, as the evidence did not show that he was personally liable for the corporation's alleg
Publication Date: 2012-11-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellant.
for defendant: Jason W. Swindle Drummond & Swindle, Carrollton, and Virgil L. Brown, Zebulon, for appellee.
Case Number: A12A1598
The evidence authorized the trial court to find that the State had shown the presence of alcohol in the defendant's body, but had failed to show that the defendant was under the influence of alcohol
Publication Date: 2012-11-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Ryburn Ratterree Ellis, Painter, Ratterree & Adams, Savannah, for appellant.
for defendant: . Richard Middleton, Savannah, for appellees.
Case Number: A12A0884
Factual questions existed as to whether workers' compensation applied to an employee's fatal injuries sustained during a shooting in a convenience store, and as to whether his employer's corporate p
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Publication Date: 2012-11-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Richard Strickland and Steven Blackerby Brown, Readdick, Bumgartner, Carter, Strickland & Watkins LLP, Brunswick, for appellant.
for defendant: Dwight Feemster Duffy & Feemster LLC, Savannah, for appellee.
Case Number: A12A1114
The trial court erred in denying summary judgment to the defendant county director because the plaintiff could not sue or recover under the Americans with Disabilities Act since she was not dis
Publication Date: 2012-10-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Andrew Shore Phillips & Morgan LLP, Gregory Morgan, Elizabeth Hodges Cohen Pollock Merlin & Small PC, Atlanta, James Blackburn, and Peter Giusti, Savannah, for appellant.
for defendant: . Charles Willis, Mark Degennaro Willis, McKenzie & Long, LaGrange, Robert Glenn Ellis Painter Ratterree & Adams, Stanley Karsman Savage, Turner, Pinson & Karsman, Savannah, and Brian Vella Smith Pachte McWhorter PLC, Vienna, Va., for appellees.
Case Number: A11A0768
Uniform Superior Court Rule 25.3—providing the threshold requirements for assigning a motion to recuse to another judge for determination—does not authorize a discretionary determination on the part
Publication Date: 2012-10-30
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Alixe E. Steinmetz Public Defender's Office, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Assistant District Attorney, Atlanta, for appellee.
Case Number: A12A1157
The trial court made a significant factual error in calculating the length of the pretrial delay by not including the time that elapsed between its original order denying the defendant's speedy tria
Publication Date: 2012-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Daniel J. Porter, District Attorney, Franklin P. Clark, Assistant District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellant.
for defendant: Sharon L. Hopkins, Duluth, for appellee.
Case Number: A12A1502
Defense co s failure to object to the state's improper comments regarding the defendant's pre-arrest silence constituted ineffective assistance of co
Publication Date: 2012-10-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys: For plaintiff: Kearston Gill Public Defender's Office, Cartersville, for appellant.
for defendant: Thomas Campbell, District Attorney, and Sharon Fox, Deputy District Attorney, Cartersville, for appellee.
Case Number: A12A1230
Two victims identified the defendant as one of two men who robbed a cell phone store at gunpoint, forcing the victims to the back of the store and to lie on the
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