10 Georgia opinions name it 2 courts 1923–2015 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State Highway Department v. Hewitt Contracting Co.green2 sentences2014Dept. v. Hewitt Contractor Co., 113 Ga. App. 685, 692 ( 149 SE2d 499 ) (1966) (finding enforceable contract provision requiring contractor to give notice of its intention to claim extra compensation before beginning the work on which the claim was based, and that if such notice was not given, the contractor agreed to waive the claim for extra compensation). 2014Dept. v. Hewitt Contractor Co., 113 Ga. App. 685, 692 ( 149 SE2d 499 ) (1966) (finding enforceable contract provision requiring contractor to give notice of its intention to claim extra compensation before beginning the work on which the claim was based, and that if such notice was not given, the contractor agreed to waive the claim for extra compensation). | 2 | 2 |
Roy v. Normangreen2 sentences2015In Wilbro, a store clerk fell from a shelf on which she was standing to restock merchandise on the “highest shelf,” and she injured her head and back.22 Although the clerk had been using a stepladder, the top shelf could not be reached with the ladder.23 19 Id. at 333 (1) (emphasis supplied); accord Roy, 261 Ga. at 304 . 20 Roy, 261 Ga. at 304 ; accord Cannon, 174 Ga. App. at 820 . 21 207 Ga. App. 387 ( 427 SE2d 857 ) (1993). 22 See id. 23 See id. 9 And there was evidence that the clerk’s supervisor had instructed her and her co- worker not to restock shelves that they could not reach with the 2015In Wilbro, a store clerk fell from a shelf on which she was standing to restock merchandise on the “highest shelf,” and she injured her head and back.22 Although the clerk had been using a stepladder, the top shelf could not be reached with the ladder.23 19 Id. at 333 (1) (emphasis supplied); accord Roy, 261 Ga. at 304 . 20 Roy, 261 Ga. at 304 ; accord Cannon, 174 Ga. App. at 820 . 21 207 Ga. App. 387 ( 427 SE2d 857 ) (1993). 22 See id. 23 See id. 9 And there was evidence that the clerk’s supervisor had instructed her and her co- worker not to restock shelves that they could not reach with the | 1 | 1 |
Ætna Life Insurance v. Carrollgreen2 sentences2015Co. v. Carroll, 169 Ga. 333, 342 (1) ( 150 SE 208 ) (1929). 8 Our Supreme Court has further explained that willful misconduct “involves conduct of a quasi criminal nature, the intentional doing of something, either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its probable consequences.”19 Indeed, the general rule is that “mere violations of instructions, orders, rules, ordinances, and statutes, and the doing of hazardous acts where the danger is obvious, do not, without more, as a matter of law, constitute [willful] misconduct.”20 2015Co. v. Carroll, 169 Ga. 333, 342 (1) ( 150 SE 208 ) (1929). 8 Our Supreme Court has further explained that willful misconduct “involves conduct of a quasi criminal nature, the intentional doing of something, either with the knowledge that it is likely to result in serious injury, or with a wanton and reckless disregard of its probable consequences.”19 Indeed, the general rule is that “mere violations of instructions, orders, rules, ordinances, and statutes, and the doing of hazardous acts where the danger is obvious, do not, without more, as a matter of law, constitute [willful] misconduct.”20 | 1 | 1 |
Communications, Inc. v. Cannongreen1 sentence2015In Wilbro, a store clerk fell from a shelf on which she was standing to restock merchandise on the “highest shelf,” and she injured her head and back.22 Although the clerk had been using a stepladder, the top shelf could not be reached with the ladder.23 19 Id. at 333 (1) (emphasis supplied); accord Roy, 261 Ga. at 304 . 20 Roy, 261 Ga. at 304 ; accord Cannon, 174 Ga. App. at 820 . 21 207 Ga. App. 387 ( 427 SE2d 857 ) (1993). 22 See id. 23 See id. 9 And there was evidence that the clerk’s supervisor had instructed her and her co- worker not to restock shelves that they could not reach with the | 1 | 1 |
Wilbro v. Mossmangreen2 sentences2015Here, like the clerk in Wilbro, Burdette intentionally violated a work rule and his supervisor and top hand’s explicit instructions to climb down the cell tower, rather 24 See id. at 388 . 25 See id. 26 See id. at 390 (1). 27 Id. 10 than using controlled descent. 2015Here, like the clerk in Wilbro, Burdette intentionally violated a work rule and his supervisor and top hand’s explicit instructions to climb down the cell tower, rather 24 See id. at 388 . 25 See id. 26 See id. at 390 (1). 27 Id. 10 than using controlled descent. | 1 | 1 |
AAF-McQuay, Inc. v. Willisgreen2 sentences2014AAF-McQuay, Inc. v. Willis, 308 Ga. App. 203, 217 (4) (a) ( 707 SE2d 508 ) (2011) (citation and punctuation omitted). 2014AAF-McQuay, Inc. v. Willis, 308 Ga. App. 203, 217 (4) (a) ( 707 SE2d 508 ) (2011) (citation and punctuation omitted). | 1 | 1 |
Lewis v. Stategreen2 sentences2014Mercure also argues that the relevant work rule conflicts with cases in which we have held that a suspect’s Fourth Amendment rights were not violated by an officer’s use of neck restraints to recover physical evidence.7 However, the fact that we have found such maneuvers to be reasonable in certain circumstances for purposes of a Fourth Amendment analysis in the context of a motion to suppress in no way 6 We leave for another day the question of whether the relevant APD work rules conflict with OCGA § 17-4-20 (d) when an officer’s alleged violation occurs before a suspect’s apprehension has co 2014Mercure also argues that the relevant work rule conflicts with cases in which we have held that a suspect’s Fourth Amendment rights were not violated by an officer’s use of neck restraints to recover physical evidence.7 However, the fact that we have found such maneuvers to be reasonable in certain circumstances for purposes of a Fourth Amendment analysis in the context of a motion to suppress in no way 6 We leave for another day the question of whether the relevant APD work rules conflict with OCGA § 17-4-20 (d) when an officer’s alleged violation occurs before a suspect’s apprehension has co | 1 | 1 |
Sanders v. Stategreen2 sentences2014Mercure also argues that the relevant work rule conflicts with cases in which we have held that a suspect’s Fourth Amendment rights were not violated by an officer’s use of neck restraints to recover physical evidence.7 However, the fact that we have found such maneuvers to be reasonable in certain circumstances for purposes of a Fourth Amendment analysis in the context of a motion to suppress in no way 6 We leave for another day the question of whether the relevant APD work rules conflict with OCGA § 17-4-20 (d) when an officer’s alleged violation occurs before a suspect’s apprehension has co 2014Mercure also argues that the relevant work rule conflicts with cases in which we have held that a suspect’s Fourth Amendment rights were not violated by an officer’s use of neck restraints to recover physical evidence.7 However, the fact that we have found such maneuvers to be reasonable in certain circumstances for purposes of a Fourth Amendment analysis in the context of a motion to suppress in no way 6 We leave for another day the question of whether the relevant APD work rules conflict with OCGA § 17-4-20 (d) when an officer’s alleged violation occurs before a suspect’s apprehension has co | 1 | 1 |
David Allen Co. v. Bentongreen2 sentences2000David Allen Co. v. Benton, 260 Ga. 557, 558 ( 398 SE2d 191 ) (1990). 2000David Allen Co. v. Benton, 260 Ga. 557, 558 ( 398 SE2d 191 ) (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. . Alfani
green
2 sentences1936People v. Alfani, 227 N. Y. 334 ( 125 N. E. 671 ). 1936People v. Alfani, 227 N. Y. 334 ( 125 N. E. 671 ). | 2 | 1932–1936 |
Lampton v. Cedartown Co.
green
2 sentences1929It was stated in Lampton v. Gedartown Co., 6 Ga. App. 149 ( 64 S. E. 495 ), that “independence of control in employing workmen and in selecting the means of doing the work is the test usually applied by the courts to determine whether a contractor is an independent one or not; and this is the test applied by the statute of this State, supra.” That statute is section 4414 of the Civil Code (1910), which is as follows: “The employer generally is not responsible for torts committed by his employee when the latter exercises an independent business, and is not subject to the immediate direction and 1923It was stated in Lampton v. Cedartown Co., 6 Ga. App. 149 ( 64 S. E. 495 ), that “independence of control in employing workmen and in selecting the means of doing the work is the test usually applied hy the courts to determine whether a contractor is an independent one or not; and this is the test applied by the statute of this State, supra.” That statute is section 4414 of the Civil Code (1910), which is as follows: “The employer generally is not responsible for torts committed by his employee when the latter exercises an independent business, and in it is not subject to the immediate directi | 2 | 1923–1929 |
Pearce v. Pearce
green
2 sentences1984That fact alone will not insulate appellant from a finding of wilfulness (Pearce v. Pearce, 244 Ga. 69 ( 257 SE2d 904 ) (1979)), and the record in this case reveals an evidentiary basis for the trial court’s finding of wilfulness: a witness who observed and overheard a conversation between appellant and the Chairman of the Board of Commissioners testified that when the Chairman remonstrated with appellant concerning action the Chairman believed to be in violation of the court order, appellant suggested that if the Chairman wanted to put appellant in jail he should do so; appellant testified th 1984That fact alone will not insulate appellant from a finding of wilfulness (Pearce v. Pearce, 244 Ga. 69 ( 257 SE2d 904 ) (1979)), and the record in this case reveals an evidentiary basis for the trial court’s finding of wilfulness: a witness who observed and overheard a conversation between appellant and the Chairman of the Board of Commissioners testified that when the Chairman remonstrated with appellant concerning action the Chairman believed to be in violation of the court order, appellant suggested that if the Chairman wanted to put appellant in jail he should do so; appellant testified th | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.