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Court Opinions

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Recent opinions released by Georgia's Appellate courts
Emory Healthcare Inc. v. Pardue, A14A0112
Georgia Court of Appeals, Civil Case (7/15/2014, 8/29/2014)
TORTS: Slip & Fall, Premises Liability
The plaintiff's claim seeking to recover for injuries sustained when she slipped and fell on urine on the floor of her hospital room sounded in ordinary negligence rather than medical malpractice.
CGL Facility Mgmt. LLC v. Wiley, A14A0455
Georgia Court of Appeals, Civil Case (7/16/2014, 8/29/2014)
TORTS: Respondeat Superior, Vicarious Liability, Negligent Hiring and Retention, Negligent Entrustment,
Although the defendant's employee was driving a company truck when he caused a head-on collision, he was not acting within the scope of his employment because he was commuting to work.
Legacy Acad. v. Mamilove LLC, A14A0718
Georgia Court of Appeals, Civil Case (7/16/2014, 8/29/2014)
CONTRACTS: Franchise Agreement, Breach of Contract, Rescission, Fraud
The trial court properly declined to grant the defendant's motion for a directed verdict on the plaintiff's claim for rescission of a franchise agreement, since the evidence showed that the plaintiff's officers were intentionally prevented from reading the agreement before signing it in order to conceal them from the false provisions that stated that the plaintiff had not received any representations of potential income or earning capabilities prior to signing the agreement.
Springer v. State, A14A0598
Georgia Court of Appeals, Criminal Case (7/30/2014, 8/28/2014)
CRIMINAL PRACTICE: Involuntary Manslaughter, Aggravated Assault, Jury Charges, Indictment, Intent
The defendant's convictions were reversed, since there was a reasonable probability that the jury returned a mutually exclusive verdict by finding that the defendant acted with both criminal intent and criminal negligence at the same time and as to the same victim.
Mathis v. State, A14A0080
Georgia Court of Appeals, Criminal Case (7/15/2014, 8/28/2014)
CRIMINAL PRACTICE: Aggravated Assault, Armed Robbery, Merger, Sentencing, Effective Assistance of Counsel
The defendant's aggravated assault conviction merged with his armed robbery conviction.
Moses v. State, A14A0140
Georgia Court of Appeals, Criminal Case (7/15/2014, 8/28/2014)
CRIMINAL PRACTICE: Aggravated Assault, Firearms Offense, Effective Assistance of Counsel
The trial court properly denied the defendant's motion to suppress the evidence found in the search of the defendant's mother's house.
Henderson v. Georgia Farm Bureau Mut. Ins. Co., A14A0242
Georgia Court of Appeals, Civil Case (7/16/2014, 8/27/2014)
INSURANCE LAW: Homeowners' Liability Policy
The trial court erred in granting the defendant-insurer's motion for j.n.o.v. following a jury verdict in favor of the plaintiffs in their action seeking benefits under a homeowners' insurance policy for water damage to their home.
Davis v. State, A14A1355
Georgia Court of Appeals, Criminal Case (7/22/2014, 8/27/2014)
CRIMINAL PRACTICE: Armed Robbery, Kidnapping, Hijacking a Motor Vehicle, Theft by Taking, Venue, Right to Remain Silent
Taken in context, an investigator's response to a question from the prosecutor, in which he stated that "nobody" had provided an alibi for the defendant, did not constitute a comment on the defendant's post-arrest silence.
DeMott v. Old Town Trolley Tours of Savannah Inc., A14A0086
Georgia Court of Appeals, Civil Case (7/16/2014, 8/27/2014)
CONTRACTS: Breach of Contract
Because the plaintiff was not aboard or in the act of boarding or exiting the defendant's trolley when she fell, no carrier-passenger relationship existed so as to invoke the duty of extraordinary care set forth in O.C.G.A. § 46-9-132 and support her claim for breach of a contract of carriage.
Zaldivar v. Prickett, A14A0113
Georgia Court of Appeals, Civil Case (7/16/2014, 8/26/2014)
TORTS: Negligent Entrustment, Proximate Cause
The defendant was not entitled pursuant to the apportionment statute to ask a jury to determine that the plaintiff's non-party employer shared a percentage of the fault for the plaintiff's injuries because the employer negligently entrusted the plaintiff with one of its vehicles.
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