• Isenhower v. State

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Brandon Bullard Georgia Public Defender Standards Council, Atlanta, and Rachel Gordon Public Defender's Office, Dallas, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Timothy Marlow District Attorney's Office, Carrollton, for appellee.

    Case Number: A13A1165

    The evidence did not support a finding that the defendant willfully failed to remove herself from the school premises in a timely manner once she was asked to

  • State of Georgia Dep't of Corr. v. Developers Sur. & Indem. Co.

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Denise Whiting-Pack, Assistant Attorney General, and Helen Taylor Attorney General's Office, Atlanta, for appellant.
    for defendant: Joseph Wolenski and Jefferson Slagle Thompson & Slagle LLC, Duluth, for appellee.

    Case Number: A13A0969

    A subrogee stepping into the shoes of a government contr was entitled to rely upon the waiver of sovereign immunity that applied to the contr

  • State v. Lampl

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1071; A13A1072

    A special purpose grand jury investigating public corruption and crimes allegedly committed by county officials and employees was not authorized to investigate a city employee or a city real estate

  • Howland v. Wadsworth

    Publication Date: 2013-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Lawrence Bracken and James Humphries Hunton & Williams LLP, Atlanta, for appellant.
    for defendant: . Charles Adams Adams & Adams LLP, Fort Valley, Virgil Adams, Caroline Herrington Adams & Jordan PC, Jarome Gautreaux Gautreaux & Adams LLC, and Tracey Dellacona, Macon, for appellee. Amicus Curiae: Hunter Allen, Simuel Doster Allen, McCain & O'Mahoney PC, Atlanta, and Steven Salcedo, Decatur.

    Case Number: A13A0927

    The evidence created a jury issue as to whether the medical care provided to the plaintiff constituted "emergency medical care", in which case the plaintiff needed to prove gross negligence by clear

  • Talton v. State

    Publication Date: 2013-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Leslie Lowry Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, and Arthur Walton, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A13A1223

    The defendant's waiver of his to a jury trial was valid, since the testimony showed that the defendant had discussed a bench trial with counsel, had not been threatened or coerced to waive hi

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    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Georgia Clinic PC v. Stout

    Publication Date: 2013-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: W. Scott Henwood Hall Booth Smith & Slover PC, Atlanta, and Mark Wortham Hall Booth Smith PC, Columbus, for appellant.
    for defendant: . Peter Law Law & Moran, Atlanta, and Joshua Sacks, Dunwoody, for appellees.

    Case Number: A13A0646

    The jury's punitive damages award to the plaintiffs was supported by clear and convincing evidence that the defendants' negligence in improperly administering an injection to a patient's arthritic k

  • Burger v. State

    Publication Date: 2013-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Tommy Floyd, James Wright, District Attorneys, and Alicia Gant, McDonough, for appellee.

    Case Number: A13A0900

    Trial counsel was not ineffective in failing to tender into evidence certified copies of the co-defendants' convictions for impeachment purposes, although the better practice would have been to

  • Thompson v. State

    Publication Date: 2013-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Jason Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James McDade, District Attorney, James Dooley, Assistant District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.

    Case Number: A13A1242

    The trial court properly admitted two similar transactions, as they were sufficiently similar to the charged offense since in each incident, the defendant participated with others in attempting to c

  • Hill v. First Atl. Bank

    Publication Date: 2013-08-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: J. Alexander Atwood, Casey Viggiano, and John Choate Atwood Law Firm PC, Brunswick, for appellant.
    for defendant: Nathan Johnson Kelley & Johnson LLC, Tifton, for appellee.

    Case Number: A13A1723

    The trial court erred in proceeding with a hearing on the plaintiff's summary judgment motion in the absence of the defendant's attorney, who had been granted a legislative stay while he represented

  • Deberry v. Johnson

    Publication Date: 2013-08-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: G. Michael Agnew Agnew & Agnew, Columbus, for appellant.
    for defendant: Brian Miller Young Thagard Hoffman Smith & Lawrence, Emily Macheski-Preston, and George Talley Coleman Talley, Valdosta, for appellees.

    Case Number: A13A1585

    Summary judgment is not the appropriate procedural vehicle to address pleas of abat