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  • Shepherd v. Winn Dixie Stores Inc.

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick S. Eidson, Mark G. Pitts and Robert M. Beauchamp Beauchamp & Assocs., Albany, for appellant.
    for defendant: Robert M. Clyatt and Carl G. Fulp III Clyatt, Clyatt & Devaughn, Valdosta, for appellee.
    Case Number: A99A2128

    Store manager's affidavit did not prove store's reasonable inspection procedure, since it was not apparent that he had personal knowledge that the store followed the procedure on the day plaintiff

  • Scott v. State

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Barry M. Hazen, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A99A2296

    The trial court should have allowed the defendant to cross-examine the state's witness regarding the pending revocation of her first offender probation since her testimony was the only evidence impl

  • Wilder v. State

    Publication Date: 2000-01-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert M. Bearden Jr., Macon, for appellant.
    for defendant: Charles H. Weston, District Attorney, and Myra Y. Christian, Assistant District Attorney, Macon, for appellee.
    Case Number: A99A2424

    Evidence that defendant wrote letters from jail instructing her son and his girlfriend to burn her home and filed an $81,000 insurance claim for the home's contents even though it was empty supporte

  • Bailey v. State

    Publication Date: 2000-01-21
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas L. Walker, Tucker, for appellant.
    for defendant: Joseph J. Drolet, Solicitor, and Julie A. Kert, Assistant City Solicitor, Atlanta, for appellee.
    Case Number: A99A2065

    The trial court should have fined defendant $25 rather than $1,203 for having no proof of insurance since the defendant presented proof that he had insurance at the time of his cit

  • Strobhert v. State

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George H. Law III, Gainesville, for appellant.
    for defendant: Philip C. Smith, District Attorney, and Jeffrey W. Frazier, Assistant District Attorney, Cumming, for appellee.
    Case Number: A99A1960

    The trial court improperly charged that communications threatening violence may constitute obstruction of an of since there was no evidence that defendant verbally threatened the of

  • Herrington v. State

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A99A2305

    Child's outcry that he was molested by a relative of his divorced mother during his visit was admissible since he made the outcry only 30 minutes after his father picked him up from visit

  • Meadows v. Barker

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert N. Farrar, Rome, for appellant.
    for defendant: Larry J. Barkley Barkley & Garner, Rome, for appellees.
    Case Number: A99A2203

    The parties' discovery agreement to show documents to each other before a special master's hearing was not enforceable as a pre-hearing order since the special master did not si

  • Newsome v. Department of Admin. Servs.

    Publication Date: 2000-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel Bullard IV and Jon-Selby R. Hawk, Macon, for appellant.
    for defendant: Mark D. Oldenburg, Peachtree City, Thurbert E. Baker, Attorney General, and Daniel M. Formby, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: A99A1975

    The 2-year statute of limitation for emp s personal injury claim applied to her employer's insurer's subrogation claim to recover workers' compensation benefits it paid to emp

  • Barone v. Law

    Publication Date: 2000-01-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Mark E. Silvey Sharon W. Ware & Assocs., Atlanta, for appellant.
    for defendant: Mathew G. Nasrallah The Robertson Law Firm, Larry Hanna, Marietta, and Charles W. Chesbro, Atlanta, for appellees.
    Case Number: A00A0095

    Personal injury plaintiff's medical records that contradicted her testimony that she did not suffer from back, neck or leg pain before the car accident were admissible as impeachment evi

  • Crowder v. State

    Publication Date: 2000-01-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Hal T. Peel, Claxton, for appellant.
    for defendant: John T. Durden Jr., District Attorney, Hinesville, for appellee.
    Case Number: A00A0109

    The trial court erred in charging that defendant's armed robbery could be the underlying felony of the firearms possession charge against him, since he was charged only with possession of a firearm