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Wiederkehr v. Brent
Publication Date: 2001-04-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Eldridge, Frank M.
Attorneys:
For plaintiff: Robert R. McFarland McFarland & Assocs., Cumming, for appellant.
For defendant: David F. Root and Kimberly P. Murphy Webb, Carlock, Copeland, Semler & Stair, John C. Parker and Lisa J. Bucko Savell & Williams, Atlanta, for appellees.
Case number: A01A0957

Under the Equine Activities Act, O.C.G.A. § 4-12-1, defendants were immune from liability for the injuries plaintiff sustained when a 900 pound horse reared up and fell back o

The Kroger Co. v. Strickland
Publication Date: 2001-04-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ruffin, John H.
Attorneys:
For plaintiff: Douglas A. Wilde Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
For defendant: Howard W. Jones Jones & Ledbetter PC, Calhoun, for appellee.
Case number: A00A2581

A grocery store could be vicariously liable for the acts of an independent contractor if the contracted duty was statutorily req

Ready Trucking Inc. v. BP Exploration & Oil Co.
Publication Date: 2001-04-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys:
For plaintiff: Kim G. Meyer, Atlanta, for appellant.
For defendant: Adam L. Appel Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
Case number: A00A2590

Under the Uniform Commercial Code, the parties' invoices for the purchase of diesel fuel confirmed the terms of their agreement regarding the collection of sales tax on the purc

Harkins v. CA 14th Investors Ltd.
Publication Date: 2001-02-09
Practice Area:
Industry:
Court: Court of Appeals
Judge: Smith, George T.
Attorneys:
For plaintiff: George A. Koenig Dennis, Corey, Porter & Gray, James S. Strawlinski and Nicole L. Wolfe, Atlanta, for appellant.
For defendant: William E. Zschunke, Melissa C. Duffey Webb, Carlock, Copeland, Semler & Stair, Allan R. Perry Jr., Marcus S. Sacks Kilpatrick Stockton LLP and R. Chris Irwin, Atlanta, for appellees. Other party representation: Matthew H. Patton and J. Michael Wiggins Kilpatrick Stockton LLP, Atlanta.
Case number: A00A1990

Former employee could not recover damages for the injuries he sustained when he slipped and fell in his former employer's parking lot because he executed a release discharging all claims against the

Sequoia Residential Roofing Inc. v. Hanlake I LP
Publication Date: 2001-02-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys:
For plaintiff: Douglas W. Smith and Nicholas M. Hollander Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
For defendant: Rex M. Lamb III, Edward D. Burch Jr. Smith, Gambrell & Russell and Randolph W. Carter, Atlanta, for appellee.
Case number: A01A0016

Plaintiff was not entitled to summary judgment on its claim that defendant negligently performed a roofing contract because there was some evidence that plaintiff assumed the risk of damage to its r

Citron v. Ghaffari
Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys:
For plaintiff: David V. Johnson Browning & Tanksley LLP, Marietta, Henry D. Green Jr. Hall, booth, Smith & Slover, Atlanta, Jane L. Sams and Hezekiah Sistrunk Jr. Cochran Cherry Givens Smith & Sistrunk, Atlanta and Daniel J. Huff Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
For defendant: Stephen H. Sparwath Jennings, Sparwath & Satcher, Marietta, for appellee.
Case number: A00A1685

The heartbeat of an 8-week-old fetus was not sufficient movement to constitute "quickening" for purposes of maintaining a cause of action for the fetus' wrongful

Park Pride of Atlanta Inc. v. City of Atlanta
Publication Date: 2001-01-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Pope, Marion T.
Attorneys:
For plaintiff: Leigh M. Wilco and Charles B. Waters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for Park Pride. H. Wayne Phears, Wendy A. Jones, Kelly M. Fitzgerald Phears & Moldovan, Norcross, Sarah I. Mills and Kendric E. Smith, Assistant City Attorney, Atlanta, for the city of Atlanta. Other party representation: Robert C. Semler Webb, Carlock, Copeland, Semler & Stair, Atlanta.
For defendant:
Case number: A00A0954, A00A0955, A00A0994

The city's indemnity contract with a non-profit park organization that coordinated volunteers to beautify city parks did not entitle the city to indemnification for its own negligent

Becton v. Tire King of N. Columbus Inc.
Publication Date: 2000-10-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Blackburn, G. Alan
Attorneys:
For plaintiff: Dennis P. McPherson and John W. Roper Roper & McPherson, Columbus, for appellant.
For defendant: William E. Zschunke and Melissa C. Duffey Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
Case number: A00A1163

Plaintiff failed to exercise ordinary care for her own safety in defendant's tire store when she walked backwards without looking and tripped over a large permanent planter displaying

Barbazza v. International Motor Sports Ass'n Inc.
Publication Date: 2000-10-06
Practice Area:
Industry:
Court: Court of Appeals
Judge: Doyle, John J.
Attorneys:
For plaintiff: Frank R. McKay Sartain, McKay & Crowell, Gainesville, Leeza R. Cherniak Strongwater & Cherniak, Atlanta, Michael R. Perle and Robert J. Hantman Hantman & Assocs., New York, NY, for appellant.
For defendant: . M. David Merritt McLain & Merritt PC, George R. Neuhauser Nall & Miller LLP, Dennis J. Webb & Eric J. Sharon Webb, Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
Case number: A00A1455

Injured race car driver's waiver of liability and indemnity agreement with defendants released defendants from liability for damages caused by negli

Malcom v. Newton County
Publication Date: 2000-08-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys:
For plaintiff: John T. Strauss, Covington, for appellant.
For defendant: A.J. Welch Jr. Smith, Welch, Studdard & Brittain, McDonough, and Katharyne C. Johnson Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
Case number: A00A0200

County's termination of plaintiff's vested right to benefits under county's pension plan violated the Georgia Constitution's guarantee against impairment of cont

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