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| Davis v. Discover Bank, A05A2147.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: Signed credit card application did not have to be produced in action by bank to recover on credit card debt where bank's issuance of card had signified an offer and the customer's retention and use of the card signified acceptance.
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| Gore v. State, A06A0646. A06A0647.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: Where defendants, a mother and her boyfriend, did not take the mother's 15-month-old daughter for medical treatment after she suffered severe burns on her body due to scalding bathwater, there was sufficient evidence to support their convictions for child cruelty in violation of O.C.G.A. § 16-5-70(b); malice was sufficiently proved.
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| Magill v. Edd Kirby Chevrolet, Inc., A05A1858.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: As an invitee failed to move for a continuance or a mistrial, and did not object when a business moved to offer evidence from its expert, the expert was properly allowed. Further, as ample evidence was presented as to the incidental effects of the invitee's injury, and the issue was moot, no error resulted from exclusion of the invitee's evidence.
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| Megesi v. State, A05A1915.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: A trial court properly denied suppression of a marijuana cigarette that was seized from the ashtray of defendant's automobile during a routine traffic stop, as the officer's entry into defendant's vehicle was to secure a weapon for safety purposes, and the marijuana was in plain view; there was no violation of defendant's Fourth Amendment rights.
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| Norman v. Jones Lang LaSalle Ams., Inc., A05A2097. A05A2218.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: In a premises liability suit brought by an employee who was injured when she tripped over boxes in a darkened office, the employee's knowledge of the hazard was equal to or greater than that of the property manager and the building owner. There was no basis for a determination as to whether the alleged violations gave rise to negligence per se.
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| Shiver v. DOT, A05A1772.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: Trial court erred in dismissing an injured party's personal injury action against a state agency, because under the current precedent, failure to meet the notice requirements of O.C.G.A. § 50-21-35 did not automatically required a dismissal, and a party normally would be granted an opportunity to cure the failure by filing an amended complaint.
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| Tenet Healthcare Corp. v. Gilbert, A06A0719. A06A0720. A06A0721.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: A trial court properly denied the dismissal of a patient's widow's medical malpractice action where she attached a medical expert affidavit that met the qualifications of O.C.G.A. § 9-11-9.1; the fact that the expert was not licensed when the affidavit was executed did not affect the validity thereof, although it could affect credibility.
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| Williams v. State, A06A0554.,
COURT OF APPEALS OF GEORGIA, February 15, 2006, Decided
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Overview: Pursuant to O.C.G.A. § 24-4-8, testimony of undercover officer identifying defendant as person who sold him cocaine was legally sufficient to support conviction, although videotape provided helpful corroboration. Determination of officer's credibility was for the jury.
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| State v. Searcy, A06A0351.,
COURT OF APPEALS OF GEORGIA, February 16, 2006, Decided
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Overview: Because O.C.G.A. § 40-6-395 imposed a minimum sentence of 10 days upon conviction of fleeing or attempting to elude a police officer, the trial court erred in failing to sentence defendant to the mandatory minimum incarceration.
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