Court Opinions

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Recent opinions released by Georgia's Appellate courts
Auto Owners Ins. Co. v. Gay Constr. Co., A15A0145
Georgia Court of Appeals, Civil Case (7/6/2015, 8/5/2015)
INSURANCE LAW: Exclusions, Bad Faith Penalties, Direct Action Against Insurer
The business risk exclusion in the parties' commercial liability policy barred the plaintiff's first-party claim seeking reimbursement costs associated with the repair and correction of a subcontractor's faulty workmanship on a newly constructed restroom during the reconstruction of a swimming pool.
Little-Thomas v. Select Specialty Hosp.-Augusta Inc., A15A0606
Georgia Court of Appeals, Civil Case (7/6/2015, 8/5/2015)
TORTS: Negligent Hiring and Retention, Premises Liability
Some evidence showed that the harm the plaintiff suffered when she was raped by a hospital employee was within the risk posed by the hospital employee's tendencies and conduct.
On Line Inc. v. Wrightsboro Walk LLC, A15A0715
Georgia Court of Appeals, Civil Case (7/6/2015, 8/5/2015)
CONTRACTS: Real Estate, Modification, Estoppel, Fraud
Issues of material fact remained as to whether the seller of commercial property made material misrepresentations to the buyer and whether the buyer was unable to assume the loan.
Bowman v. State, A15A0424
Georgia Court of Appeals, Criminal Case (7/6/2015, 8/5/2015)
CRIMINAL PRACTICE: Aggravated Child Molestation, Aggravated Sexual Battery, Child Molestation, Cruelty to Children, Jury Charges
The victim's out-of-court statements were properly admitted at trial after the trial court found them fairly spontaneous, without coaching and with sufficient indicia of reliability.
Harris v. State, A15A0318
Georgia Court of Appeals, Criminal Case (7/7/2015, 8/5/2015)
CRIMINAL PRACTICE: Armed Robbery, Identification
The victim's identification of the defendant from a 6-picture line-up as the gunman who robbed her of approximately $95 when she attempted to deliver a pizza to a vacant apartment supported the defendant's armed robbery conviction.
Holiday v. State of GA, A15A0591; A15A0593
Georgia Court of Appeals, Criminal Case (7/2/2015, 8/4/2015)
CRIMINAL PRACTICE: Forfeiture, Methamphetamine Trafficking
The trial court did not err in finding the defendants' property subject to forfeiture, as they knew or should have known that their relative was using the property for selling methamphetamine.
Busby v. State, A15A0675
Georgia Court of Appeals, Criminal Case (6/29/2015, 8/4/2015)
CRIMINAL PRACTICE: Aggravated Battery, Aggravated Assault, Cruelty to Children, Merger
The trial court did not err in failing to merge two counts of aggravated battery under the Family Violence Act, since the evidence was sufficient for a jury to determine that the defendant's 11-week-old daughter was battered more than once in separate incidents.
In the Interest of S. O. C., A15A0533
Georgia Court of Appeals, Civil Case (7/2/2015, 8/4/2015)
FAMILY LAW: Parental Rights, Deprivation
The evidence did not clearly and convincingly show that the child's continued deprivation will cause or is likely to cause him harm.
Hartzler v. State, A15A0321
Georgia Court of Appeals, Criminal Case (6/30/2015, 8/4/2015)
CRIMINAL PRACTICE: Vehicular Homicide, DUI, Confrontation Right, Jury Charges
The evidence supported the defendant's DUI and vehicular homicide convictions arising after he made a sharp left turn, causing his passenger to be thrown from his door-less Jeep.
Pinkney v. State, A15A0205
Georgia Court of Appeals, Criminal Case (7/2/2015, 8/4/2015)
CRIMINAL PRACTICE: Attempted Armed Robbery, False Imprisonment, Burglary, Attempted Burglary, Mistrial, Opening Statement
The defendant was not entitled to a mistrial based on defense counsel's misstatement of evidence during his opening argument, since the misstatement was later corrected.
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