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| Aderhold v. Lowe's Home Ctrs., Inc., A06A2081.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Trial court properly granted summary judgment to a retailer, in a customer's personal injury action seeking recovery under the doctrine of res ipsa loquitur, as the customer failed to show that the retailer retained exclusive control over the box that fell from its stationary position on a shelf and injured him.
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| Banks v. State, S06A1560.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Defendant's convictions for malice murder and theft by taking were upheld on appeal since the circumstantial evidence was sufficient, pursuant to O.C.G.A. § 24-4-6, to enable the jury to have rejected defendant's hypothesis that another had committed the crimes since that alleged other person had an alibi witness.
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| Benson v. Simon Prop. Group, Inc., S06G1286.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Appellate court properly ruled that owners of gift cards and certificates that included dormancy fees and expiration dates failed to state claims for violations of the Disposition of Unclaimed Property Act as the substantive provisions of the Act, including O.C.G.A. §§ 44-12-226, 44-12-205(b), were inapplicable to their claims.
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| Burns Int'l Sec. Servs. Corp. v. Johnson, A06A1900.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Because the decedent's death arose out of and in the course of her employment with a security provider, at a place where she was performing her duties, and while she was fulfilling those duties or engaged in doing something incidental to same, the exclusivity provisions of the Georgia Workers' Compensation Act, O.C.G.A. § 34-9-1 et seq., applied.
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| Chandler v. State, S06A1956.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Defendant's convictions for malice murder, armed robbery, and related crimes were upheld on appeal where the circumstantial evidence sufficiently established, pursuant to O.C.G.A. § 24-4-6, that defendant committed the crimes in that videotape identified defendant and defendant had commented on robbing the victim.
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| Collum v. State, S06A2000.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Because there was a single victim, it was error to sentence defendant, who was convicted of malice murder, felony murder, and cruelty to children, to multiple life terms. Because the victim's age was an element of cruelty to children not included in malice murder, the underlying cruelty to children felonies did not merge into malice murder.
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| Conway v. State, S06A1649., S06A1650.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: There was sufficient evidence that a defendant was a party to malice murders under O.C.G.A. § 16-2-20(b)(3). There was testimony that she had previously acted violently toward the victims, participated in planning the murders, was present at the murder scene, washed brown stains off her shirt after the murders, and told others of the murders.
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| D & H Constr. Co. v. City of Woodstock, A06A2463,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Absent a showing of prejudice that would result if a contractor had to pay the city back for a duplicate payment, the voluntary payment doctrine did not bar a city's unjust enrichment and conversion claims. But, the contractor was entitled to cross-examine the city's counsel as to the reasonableness of the attorney's fees awarded.
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| DOT v. Camvic Corp., A06A2489,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Trial court properly denied a motion in limine seeking to preclude a claim for a lessee's business loss damages, after the DOT acquired the leased property under O.C.G.A. § 32-3-1 et seq., as such was not required to be specifically and separately pled in the lessee's notice of appeal, and no evidence of fraud of mistake was found in the record.
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