• Board of Trustees of Georgia Military College v. O'Donnell

    Publication Date: 2019-12-10
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Bunner, Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.

    Case Number: A19A1312

    State military college had sovereign immunity to tort claims brought by a student under the discretionary function exception to waiver of immunity

  • Sosa v. The State

    Publication Date: 2019-12-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cristobal Lara Sosa, Pelham, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, (Office of the Solicitor General of Clayton County), Jonesboro, for appellee.

    Case Number: A19A1149

    Court vacates order denying defendant's motion for an out-of-time appeal because trial court did not conduct an inquiry into claims of ineffective assistance of counsel

  • Davis et al. v. John Crane, Inc.

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buck, (Buck Law Firm), Peachtree Corners, for appellant.
    for defendant: Ollie Harton, Catherine McCormack, Jenna Fowler, (Hawkins Parnell & Young, LLP), Atlanta, Robert Gilbreath, (Hawkins Parnell & Young, LLP), Dallas, for appellee. Thomas Soderberg, (Attorney at Law), Atlanta, Shubhra Mashelkar, George Green, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Stephen Collier, Nicholas Fox, (Hawkins, Parnell, Thackston & Young), Atlanta, Uchenna Ekuma-Nkama, (Dentons US LLP), Atlanta, Jibran Shermohammed, (Orange Barrel Media), Atlanta, Elizabeth J. Lewis, (Butler Snow LLP), Atlanta, James Hollis, (Balch & Bingham LLP), Atlanta, Ivan Gustafson, Lucille Andres, (Evert Weathersby Houff), Atlanta, for other party.

    Case Number: A19A1137

    Court reverses grant of summary judgment in favor of company that supplied asbestos parts, but affirms for equipment manufacturer that did not use asbestos

  • City of Alpharetta v. Hamby et al.

    Publication Date: 2019-12-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sara Brochstein, Dana Maine, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Dennis Cathey, Rebecca Payne, (Cathey & Strain, LLC), Cornelia, Thomas Dowdy, (Attorney at Law), Cornelia, for appellee.

    Case Number: A19A0856

    Court reversed personal injury verdict and rules in favor of a City over an injured party

  • Fordham v. The State

    Publication Date: 2019-12-03
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.

    Case Number: A19A1575

    Emergency Responder's Expression of Opinion as to Whether Victim's Injuries Were Accidental Did Not Invade Jury's Province as Fact-Finder

  • Old Republic National Title Insurance Company v. RM Kids, LLC

    Publication Date: 2019-11-07
    Practice Area: Damages | Insurance Law | Real Estate
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: William Brown, (Heyman and Sizemore, LLC), Marietta, Edward Burch, Edward Wasmuth, (Smith, Gambrell & Russell), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson LLC), Atlanta, for appellee.

    Case Number: A19A0971

    Title Insurance Company Was Liable For Damages Resulting From Failure to Include Encumbrance in Chain of Title

  • In Re Estate of Robert A. Johnson

    Publication Date: 2019-11-04
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellant.
    for defendant: Troy Lanier, (Troy A. Lanier, P.C.), Augusta, for appellee.

    Case Number: A19A1537

    Sons of deceased father cannot seek a declaration to interpret his will without violating the in terrorem clause in that will

  • Scott et al. v. Forest Acres Full Gospel Church et al.

    Publication Date: 2019-11-01
    Practice Area: Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Christopher Rodd, (Whitehurst Blackburn & Warren), Thomasville, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, Valerie Pinkett, (Guideone Insurance), Des Moines, Kyle Swann, (Whelchel & Carlton, LLP), Thomasville, for appellee.

    Case Number: A19A1053

    Summary judgment for owner of building affirmed where injured plaintiff had equal knowledge of dangers and assumed all risks

  • Bellsouth Telecommunications, LLC et al. v. Cobb County, Georgia et al.

    Publication Date: 2019-10-28
    Practice Area: Telecommunications
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Curtis Garrett, John Jett, (Kilpatrick Townsend & Stockton, LLP), Atlanta, Mark McCarty, (Alston & Bird LLP), Atlanta, J. Walker, (Attorney at Law), Atlanta, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Scott Angstreich, (Kellogg, Huber, Hansen, Todd, Evans & Figel, P.L.L.C.), Washington, Frank Lowrey, Amanda Seals, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Roy Barnes, John Bevis, (The Barnes Law Group, LLC), Marietta, Jeffrey Harris, (Harris Lowry Manton LLP), Savannah, Darren Penn, (Penn Law LLC), Atlanta, James Evangelista, David Worley, (Evangelista Worley LLC), Atlanta, W. Matthew Wilson, (Wilson Law Firm), Atlanta, for appellee. Holly Pierson, (Pierson Law LLC), Atlanta, David Spalten, (Kasowitz Benson Torres & Friedman LLP), Atlanta, for other party.

    Case Number: A17A0265

    Counties Have No Implied Right of Action to Pursue Damages Claims for Telecommunications Providers' Alleged Failure to Fully Collect 911 Charges

  • Martinez-Chavez v. The State

    Publication Date: 2019-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Pedro Martinez-Chavez, (Jenkins Correctional Center), Millen, for appellant.
    for defendant: Penny Penn, Ramsey Magaro, (Assistant District Attorney), Cumming, for appellee.

    Case Number: A19A1526

    Trial Court Erred in Failing to Impose Split Sentences on 2013 Statutory Rape and Child Molestation Charges