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  • Smith v. Six Flags Over Georgia II, LP

    Publication Date: 2024-04-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, for appellant.
    for defendant: Andrew Bagley, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A1431

    Court affirms summary judgment for an amusement park in a personal injury case, finding that injured party had equal knowledge of risks that were open and obvious

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility

  • In the Interest of M. J. H., a child.

    Publication Date: 2024-03-15
    Practice Area: Family Law | Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Emily Davis, (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: April Hall, Austell, for appellee.
    Case Number: A23A1764

    Court affirms custody and dependency decisions in complex international family law case, finding that returning a child to his home country would be in his best interests despite known risks

  • McBrayer et al. v. Scarbrough

    Publication Date: 2024-02-27
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A22A0002

    Court reverses grant of judgment on the pleadings in a wrongful death case due to waived sovereign immunity

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Clark v. The State

    Publication Date: 2024-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1675

    Court affirms convictions for child molestation and public indecency over defendant's contentions of insufficient evidence, jury instruction error, and error in admitting expert testimony

  • Compton v. The State

    Publication Date: 2024-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Clayton Fuller, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A23A1703

    Court affirms conviction for theft by receiving stolen property despite alleged conflict between defendant's Alford plea and claim of innocence

  • Gibson-Wright v. Smith

    Publication Date: 2024-02-02
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: John O’Brien, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, Norcross, Rudolph Smith, Alapaha, for appellee.
    Case Number: A23A1540

    Court reverses grant of a protective order against a city council member because the evidence did not support that order, and remands for reconsideration of a claim for attorney fees

  • Harris v. The State

    Publication Date: 2024-01-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Angela Coggins, Macon, for appellant.
    for defendant: Rodrigo Silva, William Kendall, (District Attorney’s Office, Houston Judicial Circuit), Perry, for appellee.
    Case Number: A23A1258

    Court affirms school bus driver's conviction for vehicular homicide over her contentions of juror misconduct regarding the jurors' receipts of extrajudicial information

  • Jordan v. The State

    Publication Date: 2023-11-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Marquis Jordan, (Hall County Correctional Institution), Gainsville, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A23A0772

    Court reverses and remands for reinstatement of defendant's original probation sentence on an aggravated assault count, finding that trial court did not have jurisdiction to change that sentence