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Appellate Cases

Appellate Cases

Civil Litigation Appeals in Georgia
Board-Certified Trial Specialist Eugene C. Brooks

Brooks Law has not only won substantial jury verdicts at trial, but has successfully appealed lower court decisions that presented barriers to justice or full recovery of compensation for our clients. Gene Brooks is an experienced trial lawyer and appellate attorney practicing in Georgia since 1982.

Representative Appellate Cases

Georgia Supreme Court:

Dowse v Southern Guaranty Insurance Co., 263 Ga. App. 435, 588 S.E.2d 234, 278 Ga. 674, 605 S.E.2d 27 (2004) – A small business may settle claims brought against it when its insurance company abandons the business and the insurance company may still be responsible for paying the settlement.

Colormatch Exteriors, Inc. v Hickey, 275 Ga. 249, 569 S.E.2d 495 (2002) – A homeowner’s cause of action for defective construction arises when the homeowner takes possession or control of his house, and not at the time of substantial completion.

Georgia Power Co. v. Falagan, 261 Ga. 41, 402 S.E.2d 269 (1991) – Collateral source rule found unconstitutional

Carey Canada, Inc. v. Hinely, 257 Ga. 150, 356 S.E.2d 202 (1987) – Contempt for discovery abuse upheld.

Georgia Court of Appeals:

Clark v Prison Health Services, Inc., 572 S.E. 342 (Ga. App. 2002) – Jailors may be liable for a prisoners suicide when the jailors fail to comply with the jail’s written rules and procedures which allegedly contributed to the suicide.

Mitchell v. Jones, 247 Ga. App. 113,541 S.E.2d 103 (2000) cert. denied. A six (6) year statute of limitations applies to breach of contract actions for defective construction filed by a homeowner who purchases his house from the building contractor.

Vincent v. Longwater, 245 Ga. App. 516, 538, S.E. 2d 164 (2000) cert. denied – Statute of limitations is tolled by the Soldiers’ and Sailors’ Civil Relief Act.

Bays v. River Oaks, 244 Ga. App. 401, 535 S.E. 2d 543 (2000) cert. denied – The nonmovant is entitled to 30 days notice before a court may convert a motion to dismiss into a motion for summary judgment.

Dayoub v. Yates-Astro Termite Pest Control, 239 Ga. App. 578, 521 S.E.2d 600 (2000) cert. denied – Expert witness testimony is admissible when the expert is qualified even though he is not licensed in the state. Also, termite treatment industry standards are admissible after they authenticated by the expert.

Duke v. Union Camp, 217 Ga. App. 95, 456 S.E.2d 645 (1995) cert. denied – A worker may not assume risks incident to his employment.

Moore v. Savannah Cocoa, 217 Ga. App. 869, 459 S.E.2d 580 (1995) – Workers compensation carrier did not obtain exclusive control over cause of action.

Orkin Exterminating Co. v. McIntosh, 215 Ga. App. 587, 452 S.E.2d 159 (1994) cert. denied – Upholds sanctions against Defendant for hiding documents.

Lorie v. Standard Oil, 186 Ga. App. 753, 368 S.E.2d 765 (1988) – A jury charge on comparative negligence requires a new trial if there’s no evidence to support contributory negligence.


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