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  • City of Waycross, et al. v. Jack Bennett, et al.

    Publication Date: 2020-10-15
    Practice Area: Contracts | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Dorminy, William Mann, (Hall Booth Smith, P.C.), Brunswick, for appellant.
    for defendant: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellee.
    Case Number: A20A1230

    Health Plan Authorized City's Termination of Health-Insurance Benefits; City's Actions Did Not Violate the Impairment Clause of the Georgia Constitution

  • Janet Lee Graham Stanley et al. v. Floyd P. Garrett et al.

    Publication Date: 2020-10-14
    Practice Area: Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Hungeling, (Attorney at Law), Atlanta, Adam Rubenfield, (Hungeling Law, P.C.), Atlanta, Pearson Cunningham, (Hall Booth Smith), Atlanta, for appellant.
    for defendant: Heather Ware, John Hall, Annalese Herndon, Pearson Cunningham, (Hall Booth Smith, P.C.), Atlanta, for appellee.
    Case Number: A20A0894

    Court affirms dismissal of professional negligence claim and grant of summary judgment dismissing a negligence claim where no legal duty or relationship existed

  • Newbern v. The State

    Publication Date: 2020-10-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Wade Krueger, (Public Defender's Office), Valdosta, for appellant.
    for defendant: Michelle Harrison, Bradfield Shealy, (Southern Judicial Cir. District Atty Ofc), Valdosta, for appellee.
    Case Number: A20A0853

    Court vacates probation revocation order and remands case for trial court's explanation of why it did not appoint counsel or, alternately, to hold a new hearing

  • Morman v. The State

    Publication Date: 2020-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Benny Martin, Barbara Sosebee, (Assistant District Attorney), Blue Ridge, for appellee.
    Case Number: A20A1456

    Trial Court Did Not Err by Allowing Defendant to Be in Front of the Jury While 'Naked, Wrapped in a Blanket, Shackled, and Strapped to a Chair'

  • Solis-Macias v. The State

    Publication Date: 2020-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellant.
    for defendant: Kenneth Mauldin, (District Attorney), Athens, Malachi Peacock, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A20A1502

    Trial Court Did Not Abuse its Discretion in Admitting Video From Officer's Body-Camera Into Evidence; Court Also Properly Denied Motion to Suppress Custodial Statement

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Gary v. Brown

    Publication Date: 2020-09-30
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kwame Townes, (Townes, Davis & Associates, LLC), Tucker, for appellant.
    for defendant: Trevor Hiestand, Carolyn Lee, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, for appellee.
    Case Number: A20A0953

    Court affirms defendant's JNOV motion on the issue of future medical expenses in a car accident case because no evidence supported those expenses

  • Wilson v. Guy

    Publication Date: 2020-09-30
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Peter Jacxsens, Lauren Dick, (Hawkins Parnell & Young LLP), Atlanta, for appellant.
    for defendant: Macklyn Smith, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A20A0969

    Court reverses denial of defendant's summary judgment motion because plaintiff was an independent contractor when his injuries occurred

  • Penn-America Insurance Co. v. Morgan Fleet Services Inc.

    Publication Date: 2020-09-18
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Bonnie, Stephen Rapp, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, for appellant.
    for defendant: Michael Kendall, Chad Brock, (Kendall Law Group, LLC), Douglasville, for appellee.
    Case Number: A20A1513

    In Failing to Provide a Timely Reservation of Rights, Insurer Waived Defense of Noncoverage of Injured Bus Driver's Claims Against Bus Company

  • Stewart v. The State

    Publication Date: 2020-09-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Amy Copeland, (Rouse + Copeland LLC), Savannah, for appellant.
    for defendant: Bonnie Shaw, John Durden, Melissa, (Assistant District Attorney), Hinesville, for appellee.
    Case Number: A20A1433

    Trial Court Did Not Err in Allowing a Forensic Biologist, Who Did Not Perform DNA Sample Testing, to Testify That DNA Evidence Linked Defendant to Armed Robbery

  • Valdosta State University, et al. v. Davis

    Publication Date: 2020-09-16
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Ronald Boyter, Christopher Carr, Kathleen Pacious, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellant.
    for defendant: Stephen Welsh, (Buzzell, Welsh & Hill, LLP), Macon, for appellee.
    Case Number: A20A1036

    Court reverses denial of summary judgment for a property owner where the plaintiff had equal knowledge of an open and obvious hazard that led to her injuries