• Bakhtiarnejad v. Cox Enters. Inc. d/b/a The Atlanta Journal-Constitution

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne Grant and Kimberly W. Rabren Wood & Grant, Atlanta, for appellant.
    for defendant: Peter C. Canfield and Thomas M. Clyde Dow, Lohnes & Albertson, Atlanta, for appellees. Other party representation: Richard A. Carothers, Thomas M. Mitchell Carothers & Mitchell LLC, Buford, Charles R. Floyd Jr., Peachtree City, and Genet McIntosh-Hopewell, Decatur.

    Case Number: A00A1434

    Defendants were not entitled to summary judgment or dismissal of plaintiff's defamation suit because a genuine issue remained as to whether defendants accurately reported an officer's investigation

  • Buchheit v. Gillis

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Thomas J. Mahoney Jr. and Mary K. Hogan Ranitz, Mahoney, Coolidge & Mahoney, Savannah, for appellant.
    for defendant: . Donald E. Dyches Jr., Savannah, for appellees.

    Case Number: A00A2557

    The trial court did not err in submitting a special verdict form to the jury that required the jury to resolve the question of whether the plaintiffs acquired title to the disputed property through

  • Runion v. Hofer

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert K. Prater, Newnan, for appellant.
    for defendant: Charles F. Peebles and Lane R. Frostbaum, Norcross, for appellee.

    Case Number: A00A1215

    Builders' failure to correct numerous construction defects in plaintiffs' new home, despite notice, supported jury's award of bad faith attorneys'

  • North Ga. Elec. Membership Corp. v. Webb

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Henry C. Tharpe Jr. Kinney, Kemp, Sponcler, Joiner & Tharpe, Dalton, for appellant.
    for defendant: Bobby L. Cook, Summerville, Lindsay H. Bennett Jr. Bennett & Hamilton, Hubert E. Hamilton III The Hamilton Law Firm, Rossville, Thomas E. Magill Magill & Atkinson, Atlanta, and Gary S. Logsdon Logsdon & Assocs., Brownsville, for appellees. Other party representation: Carlton H. Vines, Summerville.

    Case Number: A00A1835

    The defendant could have foreseen that its failure to set a safety device so that it would lockout the power to its electric lines during a malfunction would result in the decedents' electrocution w

  • Hensley v. Henry

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph E. Willard Jr., Rossville, for appellant.
    for defendant: . Michael J. Tuck, Chatsworth, and L. Stephen Kelehear Bates, Kelehear & Starr, Dalton, for appellee.

    Case Number: A00A1241

    The trial court properly amended the judgment based on juror testimony that was consistent with the language of the ve

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  • Wilkerson v. State

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Herbert Adams Jr., Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and John S. Melvin, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A00A1839, A00A2053

    The witness's opinion regarding the value of the stolen property was not excludable merely because the opinion was based in part on he

  • Bakhtiarnejad v. Cox Enters. Inc. d/b/a The Atlanta Journal-Constitution

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne Grant and Kimberly W. Rabren Wood & Grant, Atlanta, for appellant.
    for defendant: Peter C. Canfield and Thomas M. Clyde Dow, Lohnes & Albertson, Atlanta, for appellees. Other party representation: Richard A. Carothers and Thomas M. Mitchell Carothers & Mitchell LLC, Buford, Charles R. Floyd Jr., Peachtree City, and Genet McIntosh-Hopewell, Decatur.

    Case Number: A00A1434

    Defendants were not entitled to summary judgment or dismissal of plaintiff's defamation suit because a genuine issue remained as to whether defendants accurately reported an officer's investigation

  • Heggs v. State

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul W. David, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.

    Case Number: A00A0899

    Because the defendant's indictment for rape did not allege that the victim was under 16 years old, child molestation was not a lesser included offense of the indicted

  • Cartwright v. Wilbanks

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Palmer H. Ansley Jr., Gainesville, for appellant.
    for defendant: E. Victoria Sweeny and Virgil L. Thompson Jr. Thompson & Sweeny PC, Lawrenceville, for appellee.

    Case Number: A00A1011

    School superintendent's memo to Board of Education about a teacher's alleged misrepresentation of a school disciplinary matter was not published for purposes of the tort of

  • Chamberlain v. State

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wallace T. Hatcher The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Alison W. Toller, DeKalb Solicitor, Thomas E. Csider, Assistant Solicitor, Decatur, for appellee.

    Case Number: A00A1622

    The defendant was entitled to an independent blood test after she provided a state-administered breath sample that produced a printed alcohol concentration ana