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| Austin v. PMG Acquisition, LLC, A05A1759.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Statements that accurately reflected incident report prepared by officers and arrest warrant were privileged pursuant to O.C.G.A. § 51-5-7. Statement reflecting opinion was not libelous. Statement that father was removed from his position with crimestoppers the day he was arrested was substantially true, as he was removed one week after his arrest.
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| Bryant v. DIVYA, Inc., A06A0807.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Summary judgment under O.C.G.A. § 9-11-56 was properly granted to a motel company, dismissing guest's suit seeking to recover for injuries she sustained when she slipped on motel's shower floor, because the guest failed to demonstrate that shower floor presented hazard and failed to show that company possessed superior knowledge of potential harm.
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| City of Pendergrass v. Skelton, A05A1839.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Though letter from plaintiffs commander established plaintiffs unavailability on date of letter and for 24 days thereafter, it did not state he could not take leave after that date, or that he would be deploying to Iraq. Thus, court erred in granting him stay under 50 U.S.C.S. app. § 522(b) until 90 days after his discharge from active duty.
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| Collins v. State, A06A0815.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Defendant's conviction for selling cocaine within 1,000 feet of a public housing project, in violation of O.C.G.A. § 16-13-32.5(b), was reversed on appeal where insufficient evidence existed to prove that the purported housing project was under the jurisdiction of the local housing authority and housed low to moderate income families.
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| Croft v. State, A06A0915.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: The indictment against defendant, charging him with reckless driving in violation of O.C.G.A. § 40-6-390(a), was not vague since the language used tracked the statutory language and also included further identification of the child injured by defendant's drunk driving an ATV. Defendant also failed to file a demurrer challenging the indictment.
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| Dep't of Human Res. v. Crews, A05A2116.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Under scheme which included, inter alia, O.C.G.A. § 37-2-10(b), the legislature did not intend for community service boards to be part of department, or its employees to be department employees, under ordinary circumstances. Suit claiming that the department was liable for the alleged negligence of a board employee should have been dismissed.
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| Fletcher v. Hatcher, A06A0479.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Injured persons, having filed case and submitted to trial court's jurisdiction, lacked standing to object to an alleged lack of personal jurisdiction or improper venue with respect to owner. Also, trial court was authorized to deem owner's defenses as to venue and personal jurisdiction waived since owner did not preserve them in pretrial order.
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| Hardwick v. Atkins, A05A2221.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: Husband's pro se wrongful death action against a doctor and health service providers was dismissed for failure to attach an expert affidavit under O.C.G.A. § 9-11-9.1 where husband alleged negligence due to the doctor's issuance of a do not resuscitate order with respect to the husband's wife; such an action involved professional negligence.
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| Hurston v. State, A05A1971.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: In a vehicular homicide prosecution, jurors' unauthorized visits to accident scene did not mandate a new trial; as jurors' unanimous affidavits stated that visits had no effect upon their verdict, appellate court could not say their conduct contributed to defendant's conviction or was so prejudicial as to have rendered trial fundamentally unfair.
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| In the Interest of C.A., A06A0539.,
COURT OF APPEALS OF GEORGIA, March 7, 2006, Decided
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Overview: A biological father's parental rights to his twin children were properly terminated, pursuant to O.C.G.A. § 15-11-94, because clear and convincing evidence existed that the father caused various injuries to the children by shaking them on at least two occasions and the father had pled guilty to two counts of cruelty to children.
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