APPELLATE COURT CASES - GEORGIA
1. Walker County, Georgia v. Tri-State Crematory, et al., 284 Ga. App. 34, 643 S.E.2d 324 (March 2007). From Walker Superior Court. Plaintiff/Appellant aff’d. Motion to dismiss. Tort claim by County for trespass and nuisance, costs for clean up of human bodies in re: Tri-State Crematory and multiple funeral homes. Trespass and nuisance claims held barred by Torres Doctrine. HSRA claims remain currently pending.
2. Duvall v. Bledsoe, 247 Ga. App. 256, 617 S.E.2d 601 (2005). From Gordon Superior Court. Plaintiff/Appellant rev’d. Disqualification of counsel. Associate attorney’s past representation of a doctor in divorce and trust matters while the associate was with a former law firm was held not substantially related to a pending medical malpractice and wrongful death claim brought by the administrator of decedent’s estate against the doctor so as to disqualify the associate’s current law firm from representing the administrator under the rule on successive representation. Held no substantial relationship which would form the basis of disqualification.
3. Houston v. Bedgood, 263 Ga. App. 139, 588 S.E.2d 437 (2004). From Bartow Superior Court. Defendant/ Appellee aff’d. Summary judgment. Medical malpractice case against physician by non-patient barred. Physician alleged to be negligent in issuing ICC medical certificate to a truck driver who had a heart attack while operating tractor trailer truck, crossed median on interstate highway, resulting in fatalities of other motorists.
4. Advance Tufting v. Daneshyar, 259 Ga. App. 415, 577 S.E.2d 90 (February 2003). From Murray Superior Court. Defendant/Appellee aff’d. Summary judgment. Commercial litigation. Statute of limitations bars contract claim. Distinction between liquidated and unliquidated claims.
5. Rayfield v. Farris, 253 Ga. App. 167, 558 S.E.2d 748 (2002). From Whitfield Superior Court. Plaintiff/Appellee aff’d. Jury verdict. Automobile accident. Sudden emergency doctrine.
6. Whitfield v. Department of Transportation, 248 Ga. App. 172, 546 S.E.2d 308 (2001). From Walker Superior Court. Condemnee/Appellant aff’d in part, rev’d in part. Summary judgment. Convenience store property condemned for highway widening. Quality of taking issues aff’d. Allocation issues between landlord and tenant rev’d. See also, Department of Transportation v. Whitfield, 233 Ga. App. 747, 505 S.E.2d 247 (1998), affirming trial court’s authority to grant motion for more definite statement.
7. Felker v. Chipley, 246 Ga. App. 296, 540 S.E.2d 285 (2000). From Whitfield Superior Court. Plaintiff/Appellee aff’d. Jury verdict held Chipley was entitled to recover partnership assets, plus interest during time of conversion; rev’d with direction to write off damages for unjust enrichment and to calculate actual damages, plus interest at 7%. Minority partners sued majority partner concerning management of partnership, trover, conversion, interest, damages. Award of attorney’s fee and punitive damages aff’d.
8. Kapur v. Roach, 272 Ga. 767, 534 S.E.2d 420 (2000). From Whitfield Superior Court. Defendant/Appellant in the Supreme Court. Trial court had denied mother’s motion to dismiss or transfer father’s counter claim, Georgia Court of Appeals, 524 S.E.2d 246 rev’d and remanded. Certiorari granted. Supreme Court aff’d Court of Appeals decision. See item 12 below.
9. Kim, et al. v. State of Georgia, 272 Ga. 343, 528 S.E.2d 798 (2000). From Catoosa Superior Court. Public nuisance and commercial litigation. Representation of third party landowner. Trial court judgment in favor of the State of Georgia to enjoin operator of I-75 massage parlor as a public nuisance aff’d. Landowner joined with State, contending that the operation of the massage parlor was a breach of use covenants contained in a lease agreement. Lease issues not discussed on motion for summary judgment. After remand, landlord received liquidated damages due to breach.
10. American National Property & Casualty Company v. Potts, 243 Ga. App. 645, 534 S.E.2d 123 (2000). From Whitfield Superior Court. Plaintiff/Appellee aff’d. Jury verdict. MVA. Dismissal of appeal for unreasonable delay in paying costs for the transmission of a record on appeal.
11. Cotton v. Bowen, 241 Ga. App. 543, 524 S.E.2d 737 (1999). From Fulton State Court. Plaintiff/Appellant aff’d. Jury verdict. Products liability. Defective printing press conveyor system. Assumption of the risk.
12. Roach v. Kapur, 240 Ga. App. 558, 524 S.E.2d 246 (1999). From Whitfield Superior Court. See item 8 above.
13. Esener v. Kinsey, 240 Ga. App. 21, 522 S.E.2d 522 (1999). From Gordon Superior Court. Plaintiff/Appellee aff’d. Summary judgment. Medical malpractice. Fraud tolls statute of limitations and statute of repose.
14. Thomason v. Exxon Corporation, 269 Ga. 761, 504 S.E.2d 676 (1998); 236 Ga. App. 767, 513 S.E.2d 520 (1999); 227 Ga. App. 44, 487 S.E.2d 605 (1997). From Gordon Superior Court. Plaintiff/Appellee. Trespass, nuisance, motion to dismiss. UST leakage. Exxon filed motion to open default in the trial court. Granted by trial court, rev’d by Court of Appeals. Court of Appeals rev’d by Supreme Court.
15. Dollar v. Dalton Public Schools, et al., 233 Ga. App. 827, 505 S.E.2d 789 (1998). From Whitfield Superior Court. Plaintiff/Appellant aff’d. Summary judgment. Defective school playground equipment. Sovereign immunity for injury on school playground after school hours.
16. Department of Transportation v. Whitfield, 233 Ga. App. 747, 505 S.E.2d 247 (1998). From Walker Superior Court. Condemnee/Appellee aff’d. See item 6 above.
17. Tambone v. Indiana Insurance Company, et al., 229 Ga. App. 198, 493 S.E.2d 578 (1997). From Whitfield Superior Court. Plaintiff/Appellant aff’d. MVA. Summary judgment. UM coverage. Notice requirements under Indiana law. Insurance contract construction.
18. Thomason v. Exxon, 227 Ga. App. 34, 487 S.E.2d 605 (1997). From Gordon Superior Court. See item 14 above.
19. Fouts v. Builder’s Transport, Inc., 222 Ga. App. 568, 474 S.E.2d 746 (1996). From Henry Superior Court. Plaintiff/Appellant. Judgment rev’d. MVA. Jury verdict. Error in charge. Last clear chance.
20. Merastar Insurance Company v. Wheat, 220 Ga. App. 695, 469 S.E.2d 882 (1996). From Whitfield Superior Court. Plaintiff/Appellee judgment rev’d. Summary judgment. Insurance contract interpretation. UM benefits.
21. Clarke, Davies & Easley Insurance Agency v. Tile Technology, Inc., 217 Ga. App. 809, 459 S.E.2d 450 (1995). From Whitfield Superior Court. Plaintiff/Appellee judgment rev’d. Insurance agency errors and omissions in acquiring workers’ compensation coverage.
22. Jiles v. Peters, 216 Ga. App. 288, 454 S.E.2d 178 (1995). Motor vehicle accident. From Cobb Superior court. Plaintiff/Appellant aff’d. Jury verdict. MVA. Error in jury charge, waiver.
23. Swanson v. Swanson, 216 Ga. App. 406, 454 S.E.2d 529 (1995). Divorce. From Whitfield Superior Court. Plaintiff/Appellee aff’d. Motion to dismiss. Procedural issues. Denial of attorney’s fees.
24. Beavers v. Gilstrap, 210 Ga. App. 46, 435 S.E.2d 267 (1993). MVA. From Whitfield Superior Court. Plaintiff/Appellee. Procedural issues. Defendant/Appellant appeal dismissed for failure to timely file transcript. Plaintiff/Appellee/Cross-Appellant issues remanded for determination.
25. Harris v. Strickland, 204 Ga. App. 889, 421 S.E.2d 91 (1992). From Gordon Superior Court. Plaintiff/Appellant rev’d. Jury verdict. Farm liability, defective farm equipment. Charge on assumption of the risk held erroneous.
26. Showa Denko KK v .Pangle, 202 Ga. App. 245, 414 S.E.2d 658 (1991). From Catoosa Superior Court. Plaintiff/Appellee aff’d., cert. denied. Motion to dismiss. Constitutional law, due process, minimum contact, jurisdiction, long-arm statute. Product liability claims, L-tryptophan.
27. Maxwell v. The Hospital Authority of Dade, Walker and Catoosa Counties, 202 Ga. App. 92, 413 S.E.2d 205 (1991). Premises liability. From Catoosa Superior Court. Plaintiff/Appellant aff’d., cert. denied. Summary judgment. Hospital employee assaulted in employer’s unlighted parking lot. Workers’ compensation exclusive remedy.
28. McPherson v. The City of Ft. Oglethorpe, 200 Ga. App. 129, 407 S.E.2d 99 (1991). MVA/Pedestrian. From Catoosa Superior Court. Plaintiff/Appellant aff’d. Summary judgment. Negligence in highway design, nuisance, compliance with MUTCD standards for traffic signal timing. City of Ft. Oglethorpe held not responsible since Georgia Department of Transportation had assumed responsibility for traffic signals in question. Claim against Georgia DOT viable. See companion case above, Hobbs v. Georgia Department of Transportation, et al., 785 F.Supp. 980 (1991), 999 F.Supp. 1526 (1991).
29. Pangle v. Gossett, 261 Ga. 307, 404 S.E.2d 561 (1991). Declaratory judgment. From Murray Superior Court. Plaintiff/Appellant aff’d. Dismissal of petition for declaratory judgment upon premise that no adverse interest existed since both plaintiff and defendant sought similar remedies. Specifically, a declaration that punitive damage restrictions were unconstitutional.
30. Fernandez v. North Georgia Regional Medical Center, et al., Ghattas, et al. v. Fernandez, 260 Ga. 756, 400 S.E.2d 6 (1991). From Gilmer Superior Plaintiff/Appellant rev’d. Summary judgment. Equity, injunction, commercial dispute between physician and hospital authority.
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