• State Of Georgia et al. v. International Indemnity Company et al.

    Publication Date: 2018-02-09
    Practice Area: Government
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Christopher M. Carr, Attorney General, Isaac Byrd, Deputy Attorney General, Daniel S. Walsh, Jeffrey W. Stump, Senior Assistant Attorneys General, Sarah H. Warren, Solicitor-General, for State of Georgia et al.
    for defendant: Barnes & Thornburg, Thomas J. Gallo, for International Indemnity Company et al. Robbins Ross Alloy Belinfante Littlefield, Richard L. Robbins, Alexander F. Denton, for Regulatory Technologies, Inc.

    Case Number: A17A1195

    The trial court erred in finding that the State of Georgia waived sovereign immunity under the Insurers Rehabilitation and Liquidation Act as to claims for payment of administrative expenses and attorney fees.

  • Hughes v. First Acceptance Insurance Company Of Georgia, Inc.

    Publication Date: 2018-02-07
    Practice Area: Civil Procedure | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Swope Rodante, Brandon G. Cathey, for appellant.
    for defendant: Dentons US, J. Stephen Berry, J. Randolph Evans, Robin N. Johnson, for appellee.

    Case Number: A17A0735

    The trial court erred in granting summary judgment to insurer on plaintiff's claim alleging that insurer was liable for failing to settle an insurance claim, because genuine issues of material fact remained, but properly granted summary judgment to insurer on plaintiff's claims for attorney fees and punitive damages, because plaintiff failed to point to any evidence of bad faith or willful or wanton conduct.

  • Rogers v. Deutsche Bank National Trust Company et al.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: The Ratchford Firm, Warren E. Ratchford, for appellant.
    for defendant: Duane Morris, Steven D. Ginsburg, Kenneth B. Franklin, for appellees.

    Case Number: A17A1256

    The Court reversed the denial of defendant's motion to vacate an order substituting a new plaintiff; vacated the orders substituting the new plaintiff, granting summary judgment to the new plaintiff, and requiring defendant to post a supersedeas bond as a condition for the stay of enforcement of the summary judgment order; and remanded the case for further proceedings, finding that the trial court made an error of law and failed to exercise its discretion in substituting the new plaintiff.

  • Kea v. The State

    Publication Date: 2018-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Darrell Reynolds (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Stephen Putnam (Clayton County Solicitor General), Jonesboro; Tasha Mosley (Solicitor General), Jonesboro, for appellee.

    Case Number: A17A1555

    The evidence did not support defendant's conviction for use of a license plate to conceal the identity of a vehicle pursuant to O.C.G.A. § 40-2-5 subsection (a) because the revalidation decal on defendant's vehicle was stolen from another vehicle, not the license plate, and that statute only covers license plates, not revalidation decals; however, the evidence did support defendant's convictions for sexual battery and pandering.

  • Kruel v. The State

    Publication Date: 2018-02-02
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mario Ninfo (Ninfo & Associates, P.C.), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A17A1729

    The evidence supported defendant's convictions for child molestation and third-degree cruelty to children after he molested a 9-year-old girl in front of her twin brother and the trial court was authorized under O.C.G.A. § 42-1-12 to require defendant to register as a sex offender as part of his sentence.

  • In Re Estate Of Joe Leonard, Jr.

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Government | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Timothy Allred, R. Waycaster (Attorney at Law), Dalton, for appellant.
    for defendant: Steven Rodham, Ronald Womack (Womack, Gottlieb & Rodham, PC.), Lafayette, for appellee.

    Case Number: A15A1802

    A presentment of a claim against a county under O.C.G.A. § 36-11-1 may be submitted to the governing authority by way of the county attorney as a matter of law, regardless of whether the attorney is an inside or outside county attorney; accordingly, the trial court erred in granting summary judgment to county after finding that plaintiff failed to comply with the statutory requirements for presentment in his negligence action arising after he was injured while riding a county-operated bus.

  • Goldstein, Garber & Salama, LLC v. J. B.

    Publication Date: 2018-01-10
    Practice Area: Civil Appeals | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: H. Young, Matthew Barr (Hawkins Parnell Thackston & Young LLP), Atlanta; Jonathan Freiman, Tadhg Dooley (Wiggin and Dana LLP), New Haven, for appellant.
    for defendant: Jennifer Jordan, for appellee.

    Case Number: A15A1491

    The trial court erred in denying defendant dental clinic's motions for directed verdict on plaintiff patient's negligence per se and professional negligence claims arising after a certified registered nurse anesthetist molested her while she was sedated for a dental procedure.

  • Spencer v. The State

    Publication Date: 2018-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Thomas (Attorney at Law), Atlanta, for appellant.
    for defendant: John Pipkin (Solicitor General), McDonough, William Kennedy (Henry County State Court Solicitor General's Office), McDonough, for appellee.

    Case Number: A16A0118

    The trial court erred in admitting a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content because the evidence State presented was insufficient to establish the scientific validity or reliability of any correlation and the officer's testimony correlating the results of the HGN test with a numeric BAC was thus admitted without a sufficient foundation; accordingly, the Court reversed defendant's DUI-less safe conviction and sentence.

  • Steagald et al. v. Eason et al.

    Publication Date: 2017-12-13
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Marc Avidano (Smith, Welch, Webb & White, LLC), McDonough; Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge, for appellant.
    for defendant: Walter McClelland, James Scarbrough (Mabry & McClelland LLP), Atlanta, for appellee.

    Case Number: A15A0857

    Defendants were not entitled to summary judgment in a dog bite case because a jury question remained as to whether defendants had knowledge that the dog had a propensity to bite without provocation based on prior snapping incidents.

  • Kimbrough et al. v. The State

    Publication Date: 2017-12-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Clark Palmer (Garland, Samuel & Loeb PC), Atlanta; Janice Singer-Capek (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Fern (Assistant District Attorney Gwinnett Justice and Administration Center), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A15A1738

    The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."