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Season All Flower Shop Inc. v. Rorie
Publication Date: 2013-07-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Phipps, Herbert E.
Attorneys:
For plaintiff: Sean Hynes and Andrew Curtright Downey & Cleveland LLP, Marietta, for appellant.
For defendant: M. Khurram Baig The Baig Firm, Norcross, for appellees.
Case number: A13A0114

The defendant was entitled to summary judgment on the plaintiff's slip-and-fall claim, as the plaintiff did not show that the moisture in which she claimed she slipped was a hazardous condition that

Clark v. City of Atlanta
Publication Date: 2013-06-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ray, William M.
Attorneys:
For plaintiff: John Webb, Stockbridge, for appellant.
For defendant: Laura Burton and Tressa Marryshow City of Atlanta Law Department, Atlanta, for appellee. Other party representation: Samuel S. Olens, Attorney General, Joan Crumpler, Assistant Attorney General, James Doyle, Tracy Steele Lewis Brisbois Bisgaard & Smith LLP, Atlanta, and George Welborn Downey, Cleveland, Parker & Williams, Marietta.
Case number: A13A0230

The plaintiff presented sufficient evidence to satisfy her burden of production and show that a question of material fact existed as to whether the City of Atlanta had constructive notice of an alle

Kennedy Dev. Co. Inc. v. Newton's Crest Homeowners' Assoc.
Publication Date: 2013-06-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Boggs, Michael P.
Attorneys:
For plaintiff: Lisa Whitfield Hicks, Casey & Foster PC, Marietta, for appellant.
For defendant: Joshua Ruplin Downey & Cleveland LLP, Marietta, for appellee. Other party representation: Curtis Romig Bryan Cave LLP, David Root, Cheryl Shaw Carlock Copeland Semler & Stair LLP, Atlanta, Larry Stewart, Lawrenceville, Gregg Counts, Snellville, Starcraft Communities LLC, Norcross, and Dewayne Newton Tycor Inc., Buford.
Case number: A13A0296

Res judicata barred the plaintiff's claim as its new theory of recovery was ascertainable in its original complaint and was ruled on in the previous grant of summary judgment to the defe

McDowell v. Hartzog
Publication Date: 2013-01-09
Practice Area:
Industry:
Court: Supreme Court
Judge: Thompson, Hugh P.
Attorneys:
For plaintiff: R. Leslie Waycaster Jr. Waycaster, Morris & Dean, Dalton, for appellant.
For defendant: . Matthew G. Moffett, Jennifer M. Guerra Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, and Sean L. Hynes Downey & Cleveland LLP, Marietta, for appellees.
Case number: S12G0369

The plaintiffs preserved their objection on appeal to a charge at the charge conference on failure to obey a traffic signal, since they excepted to the charge as given on the same ground during jury

Booth v. Brewster
Publication Date: 2012-11-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: McFadden, Christopher J.
Attorneys:
For plaintiff: Cynthia Johnson, Cohutta, for appellant.
For defendant: Kelley Webb Downey & Cleveland LLP, Marietta, for appellee.
Case number: A12A1475

Although the evidence did not warrant the trial court's jury charge on the doctrine of last clear chance, the error was har

Crawford v. Kingston
Publication Date: 2012-06-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys:
For plaintiff: Thomas Tidwell, Atlanta, for appellant.
For defendant: Sean Hynes Downey & Cleveland LLP and Jonathan Jones, Marietta, for appellee.
Case number: A12A0742

Plaintiff had not previously exercised her right new her action because an involuntary dismissal in federal court and a federal complaint that was never served on the defendant it did not amoun

Dunn-Craft v. State Farm Mut. Ins. Co.
Publication Date: 2012-03-16
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys:
For plaintiff: Terry D. Jackson, Atlanta, for appellant.
For defendant: John B. Craig, Kevin P. Reardon Harper, Waldon & Craig, Christopher T. Byrd, Earl W. Gunn, McLendon W. Garrett Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Michael J. Rust, Christopher M. Ziegler Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, Robert C. Harrison Downey & Cleveland LLP, Marietta, William T. Mitchell and Andrew S. Ashby Cruser & Mitchell LLP, Norcross, for appellees. Other party representation: Denise D. Hoying, Atlanta.
Case number: A11A2420

The plaintiff was not entitled to stack the UM coverage provided in her boyfriend's four insurance pol

Kennedy Dev. Co. Inc. v. Camp
Publication Date: 2011-12-29
Practice Area:
Industry:
Court: Supreme Court
Judge: Hunstein, Carol W.
Attorneys:
For plaintiff: Lisa K. Whitfield Hicks, Casey & Foster PC, Marietta, for appellant. Gregg P. Counts, Snellville, Russell B. Davis, Joshua S. Ruplin Downey & Cleveland, Marietta, Larry E. Stewart, Lawrenceville, David F. Root Carlock, Copeland & Stair LLP and C. Scott Greene Brian, Cave, Powell, Goldstein, Atlanta, for appellees.
For defendant:
Case number: S11G0274

The indemnity provision of the agreement between a homeowners' association and a development company was void and unenforceable under O.C.G.A. § 13-8-2 b, since it excused the development company fr

Williams v. Cobb County Farm Bureau Inc.
Publication Date: 2011-11-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Andrews, Gary Blaylock
Attorneys:
For plaintiff: George H. Connell Jr. Dennis, Corry, Porter & Smith, Atlanta, for appellant. Duke R. Groover, Marty K. Senn James, Bates, Pope & Spivey LLP, Macon, Joseph C. Parker and Kelley E. Webb Downey & Cleveland LLP, Marietta, for appellees.
For defendant:
Case number: A11A0904

To support a claim of age discrimination, a plaintiff must show that, but for his age, he would not have been fired, and the plaintiff's former employers testified that their sole consideration for

In the Matter of Lagrant Anthony
Publication Date: 2011-10-14
Practice Area:
Industry:
Court: Supreme Court
Judge: Per Curiam
Attorneys:
For plaintiff: Paula J. Frederick, General Counsel, and Jonathan W. Hewett, Assistant General Counsel State Bar of Georgia, Atlanta. Lagrant Anthony, Atlanta. Anthony B. Askew, Chairperson Review Panel, Atlanta, and Joseph C. Parker Downey & Cleveland LLP, Marietta.
For defendant:
Case number: S11Y1612

An attorney, who failed to take action to correct his client's sentence and did not surrender documents in the client's file which the client needed to correct the alleged mistake, was suspended for

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