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  • JMJ Plumbing v. Cudihy

    Publication Date: 2012-12-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Glenn Bobe and Michelle Cooper Cuzdey Ehrmann Wagner Stine Sansalone & Bobe LLC, Alpharetta, for appellant.
    for defendant: . J. Franklin Burns and Shannon Rolen J. Franklin Burns PC, Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., Atlanta.
    Case Number: A12A1348

    Evidence supported the appellate division of the State Board of Workers' Compensation's conclusion that the appellee failed to show that he sustained a new injury when he first reported his back pai

  • Lloyd's Syndicate No. 5820 d/b/a Cassidy Davis v. AGCO Corp.; AGCO Corp. v. Lloyd's Syndicate No. 5820 d/b/a Cassidy Davis; Glynn Gen. Purchasing Grp. Inc. v. AGCO Corp.

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1125; A12A1126; A12A1281

    The language of the extended protection plans and master insurance policy at issue unambiguously did ' "not exclude or limit coverage for a design or engineering defect," ' such as the one alleged o

  • Bell v. Liberty Mut. Fire Ins. Co.

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Simon Weinstein, Atlanta, and Carletta Sims, Mableton, for appellant.
    for defendant: . Brent Kaplan and Hilary Wayne Isenberg & Hewitt PC, Atlanta, for appellee.
    Case Number: A12A1094

    Without an explicit provision in a standard homeowner's policy directing an umpire to perform the same itemization as the insured is directed to perform under the standard policy, the trial court di

  • Douglas Asphalt Co. v. Georgia Dep't of Transp.

    Publication Date: 2012-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brent Savage and Kathryn Pinckney Savage & Turner PC, Savannah, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, and Joan Crumpler, Assistant Attorney General, Atlanta, for appellee. Other party representation: Kenneth Futch The Futch Law Firm, Waycross.
    Case Number: A12A1593

    The asphalt company failed to show the existence of a written indemnity provision so as to demonstrate GDOT's waiver of sovereign imm

  • Holder v. State

    Publication Date: 2012-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Harvey Wasserman, Royston, for appellant.
    for defendant: Robert Lavender, District Attorney, and Leon Jourolmon, Assistant District Attorney, Elberton, for appellee.
    Case Number: A12A0965

    The State did not establish the asportation element of kidnapping under the Garza test, as the Court found that the victim's movement was incidental to the burglary and armed robbery, minimal in du

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Circle K Stores Inc. v. T. O. H. Assocs. Ltd.

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bradley Harmon Hunter Maclean Exley & Dunn, Savannah, for appellant.
    for defendant: Sammie Mitchell, Newnan, for appellee.
    Case Number: A12A1595

    The trial court apparently awarded damages to the commercial landlord based on the amount of monthly rent due as shown on the property manager's invoice, but failed to account for the discrepancy be

  • McCabe v. State

    Publication Date: 2012-11-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Rebecca Kozycki Chestney Law Firm, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A12A0861

    The trial court properly denied the defendant's plea in bar, as its findings supported the conclusion that a manifest necessity existed for declaring a mistrial due to defense counsel's prejudicial

  • Kensington Place Owners Assoc. v. Thomas

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lloyd Hedrick Hedrick Law LLC, Atlanta, for appellant.
    for defendant: . James Neuberger Neuberger Law LLC, Atlanta, for appellees.
    Case Number: A12A1385

    The 13-year-old decedent assumed the risk of his fatal injuries as a matter of law when he and his friends pushed over a dead tree located in their residential subdivision and the tree fell o

  • H.O.P.E. Through Divine Interventions Inc. v. Fulton Cnty. Bd. of Tax Assessors

    Publication Date: 2012-11-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jeffrey Baxter McKenna Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Valerie Ross and Meredith Germain Turner & Ross LLC, Marietta, for appellee.
    Case Number: A12A1100

    A charitable organization's real property did not qualify for tax exempt status as a purely public charity under OCGA § 48-5-41 a 4 while it was under construction, as the property was not yet being

  • White v. State

    Publication Date: 2012-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Robert McFarland McFarland & McFarland PC, Cumming, for appellant.
    for defendant: William Langley, District Attorney, and Cathy Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee.
    Case Number: A12A0920

    The circumstantial evidence was insufficient to show that the defendant constructively possessed drug contraband that police found inside a shop, as the defendant only pulled his truck into the shop