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| Ludwig v. Ludwig, S06A2078.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Beneficiaries of a trust had not shown that the trustees had abused their discretion by failing to consider the beneficiaries' need for money in response to debts they had accumulated. The trustees had simply determined that the beneficiaries were not in the sort of need that would warrant the disbursement of trust funds in the amounts demanded.
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| Miller v. Coleman, A06A2120.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: In an action arising out of a land sales contract, because a question of material fact remained as to whether the failure to close was the buyer's fault, and because both an oral waiver and waiver by conduct could be inferred, the trial court erred in granting summary judgment to the seller.
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| Morrow v. State, A06A2093.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: As direct evidence was presented that defendant improperly groped and digitally penetrated the victim's vagina, his convictions based on said evidence were upheld. Further, any error related to the admission of the victim's videotaped statement was harmless, and would have been admissible as res gestae or to prove defendant's lustful disposition.
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| Murray v. Ga. DOT, A06A1655. A06A1656.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Based on the sovereign immunity granted to the Georgia DOT, official immunity granted to the county and its installers, summary judgment in a wrongful death action filed against them was proper. Moreover, absent any evidence of a contractor's negligence, or a duty owed to the decedent, the contractor was also entitled to summary judgment.
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| Norton v. Cobb, A06A2317.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: In a premises liability action, the trial court erred in denying summary judgment to an employer and its employee, as it improperly concluded that the Recreational Property Act, O.C.G.A. § 51-3-20 et seq., waived the official and sovereign immunities which shielded the employer or its employee from any liability for a child's injuries.
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| Parker v. Silviano, A06A1829.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: While dismissal of a personal injury claim against a driver was proper, based on insufficient service of process, a wife's loss of consortium claim remained viable. Further, while a negligent entrustment claim against the driver's employer was properly disposed of on summary judgment, claims of negligent hiring and respondeat superior survived.
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| Pearson v. Tippmann Pneumatics, Inc., S06G1139.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: The court of appeals erred in finding that plaintiffs had waived appellate review of a jury recharge. The acts the court of appeals held to have induced the error were the same acts excused by O.C.G.A. § 5-5-24(c) when there was substantial error in the charge; moreover, plaintiffs' objection had been sufficient to preserve the issue for review.
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| Reece v. Turner, A06A1881.,
COURT OF APPEALS OF GEORGIA, March 19, 2007, Decided
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Overview: Because a student's damages claims against three school employees were barred by the doctrine of official immunity as a matter of law, and since she presented no evidence that the employees acted with actual malice or with an actual intent to cause injury, the trial court erred in denying summary judgment to the school employees.
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| Ryder Integrated Logistics, Inc. v. BellSouth Telcoms., Inc., S06G1133.,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: In a third-party action between two companies wherein defendant was contractually obligated to indemnify plaintiff, since defendant met its obligation of providing coverage with limits of at least $ 1,000,000, it was not obligated to indemnify for any amount beyond that $ 1,000,000.
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| Spence v. State, S06A1850,
SUPREME COURT OF GEORGIA, March 19, 2007, Decided
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Overview: Trial court erred in ruling defendant's murder confession was admissible in evidence; detective's failure to qualify his statement that the content of his interrogation with defendant was confidential by stating it could still be used against defendant rendered the confession involuntary.
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