necessary element claim (Georgia) · Go Syfert
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necessary element claim in Georgia

8 Georgia opinions name it 2 courts 1989–2023 1 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.

Followed or applied (11)

CaseFollowedCited
Southland Propane, Inc. v. McWhortergreen
gactapp · 2011 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

11
Wilcher v. Confederate Packaging, Inc.green
gactapp · 2007 · cited in 1 Georgia opinions naming this issue, 2012–2012
1 sentence

2012Where the conduct is directed towards others, not the complainant, he or she cannot establish a necessary element of that claim.” (Citation omitted.) Sevech, supra at 224 (4). 8 (Citation omitted.) Wilcher v. Confederate Packaging, 287 Ga. App. 451, 454 (2) (651 *324 SE2d 790) (2007). 9 Lockhart v. Marine Mfg.

11
Lockhart v. Marine Manufacturing Corp.green
gactapp · 2006 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

11
Cooler v. Bakergreen
gactapp · 1992 · cited in 1 Georgia opinions naming this issue, 2012–2012
2 sentences

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

11
Hendrix v. Phillipsgreen
gactapp · 1993 · cited in 1 Georgia opinions naming this issue, 2012–2012
1 sentence

2012Corp., 281 Ga. App. 145, 147 ( 635 SE2d 405 ) (2006). 10 See Witcher, supra (no liability where plaintiff subjected to rough and discourteous language in the workplace); Hendrix, supra at 394-395 (no liability where plaintiff was subject to tasteless and rude social conduct); and Cooler v. Baker, 204 Ga. App. 787, 788 (1) ( 420 SE2d 649 ) (1992) (no liability for use of the word “wench” to a secretary by a co-worker). 11 (Footnote omitted; emphasis in original.) Southland Propane v. McWhorter, 312 Ga. App. 812, 819 (3) ( 720 SE2d 270 ) (2011).

11
John Thurmond & Associates, Inc. v. Kennedygreen
ga · 2008 · cited in 1 Georgia opinions naming this issue, 2011–2011
2 sentences

2011Cf. John Thurmond & Assocs. v. Kennedy, 284 Ga. 469, 471 ( 668 SE2d 666 ) (2008) (involving damages to real property resulting from negligent construction and breach of contract).

2011Cf. John Thurmond & Assocs. v. Kennedy, 284 Ga. 469, 471 ( 668 SE2d 666 ) (2008) (involving damages to real property resulting from negligent construction and breach of contract).

11
Rafferzeder v. Zellnergreen
gactapp · 2005 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Thus, under Georgia law, cost of repair and diminution in value are alternative, although oftentimes interchangeable, *669 measures of damages in negligent construction and breach of contract cases. [2] An injured party may choose to present his case using either or both methods of measuring damages, depending on his particular circumstances. [3] If, as in the instant case, he seeks to recover based on the cost of repair method, evidence of the fair market value of the improved property is not a necessary element of his claim for damages. [4] See Rafferzeder v. Zellner, supra, 272 Ga.App. at 7

2008Thus, under Georgia law, cost of repair and diminution in value are alternative, although oftentimes interchangeable, *669 measures of damages in negligent construction and breach of contract cases. [2] An injured party may choose to present his case using either or both methods of measuring damages, depending on his particular circumstances. [3] If, as in the instant case, he seeks to recover based on the cost of repair method, evidence of the fair market value of the improved property is not a necessary element of his claim for damages. [4] See Rafferzeder v. Zellner, supra, 272 Ga.App. at 7

11
Morrison Homes of Florida, Inc. v. Wadegreen
gactapp · 2004 · cited in 1 Georgia opinions naming this issue, 2008–2008
2 sentences

2008Thus, under Georgia law, cost of repair and diminution in value are alternative, although oftentimes interchangeable, *669 measures of damages in negligent construction and breach of contract cases. [2] An injured party may choose to present his case using either or both methods of measuring damages, depending on his particular circumstances. [3] If, as in the instant case, he seeks to recover based on the cost of repair method, evidence of the fair market value of the improved property is not a necessary element of his claim for damages. [4] See Rafferzeder v. Zellner, supra, 272 Ga.App. at 7

2008Thus, under Georgia law, cost of repair and diminution in value are alternative, although oftentimes interchangeable, *669 measures of damages in negligent construction and breach of contract cases. [2] An injured party may choose to present his case using either or both methods of measuring damages, depending on his particular circumstances. [3] If, as in the instant case, he seeks to recover based on the cost of repair method, evidence of the fair market value of the improved property is not a necessary element of his claim for damages. [4] See Rafferzeder v. Zellner, supra, 272 Ga.App. at 7

11
Stamey v. Stategreen
gactapp · 1990 · cited in 1 Georgia opinions naming this issue, 1993–1993
2 sentences

1993Accordingly, appellant has failed to establish a necessary element of his challenge under the standard of Strickland v. Washington, supra. Stamey v. State, 194 Ga. App. 305, 306-307 (1c) ( 390 SE2d 409 ).

1993Accordingly, appellant has failed to establish a necessary element of his challenge under the standard of Strickland v. Washington, supra. Stamey v. State, 194 Ga. App. 305, 306-307 (1c) ( 390 SE2d 409 ).

11
Kornegay v. Mundygreen
gactapp · 1989 · cited in 1 Georgia opinions naming this issue, 1992–1992
2 sentences

1992Kornegay v. Mundy, 190 Ga. App. 433, 435 ( 379 SE2d 14 ).

1992Kornegay v. Mundy, 190 Ga. App. 433, 435 ( 379 SE2d 14 ).

11
Green v. Stategreen
gactapp · 1985 · cited in 1 Georgia opinions naming this issue, 1989–1989
2 sentences

1989See Green v. State, 175 Ga. App. 849 ( 335 SE2d 4 ) (1985).

1989See Green v. State, 175 Ga. App. 849 ( 335 SE2d 4 ) (1985).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Body of Christ Overcoming Church of God, Inc. v. Brinson green
ga · 2010
1 sentence

2023V., 363 Ga. App. 815 , 819 ( 872 SE2d 792 ) (2022) (“[S]o long as the issue was determined in the previous action and there is identity of the parties, that issue may not be re-litigated, even as part of a different claim.”), quoting Brinson, 287 Ga. at 486 . 19 Richello I, 361 Ga. App. at 714 (6). 20 OCGA § 19-7-3.1 (d) (5). 10 staying in the sole custody of Richello, so relitigation of that issue is precluded here.21 The Wilkinsons’ present action, which was filed less than a month after the Richello I remittitur, was not predicated on changed circumstances that would present new issues for

12023–2023
Graves v. State green
gactapp · 1984
1 sentence

2012Where the conduct is directed towards others, not the complainant, he or she cannot establish a necessary element of that claim.” (Citation omitted.) Sevech, supra at 224 (4). 8 (Citation omitted.) Wilcher v. Confederate Packaging, 287 Ga. App. 451, 454 (2) (651 *324 SE2d 790) (2007). 9 Lockhart v. Marine Mfg.

12012–2012
Jack v. Heard Contractors, Inc. v. Moriarity green
gactapp · 1987
2 sentences

2008Heard Contractors v. Moriarity, 185 Ga.App. 317 , 363 S.E.2d 822 (1987) (evidence of fair market value not required where plaintiff presented evidence of cost of repair).

2008Heard Contractors v. Moriarity, 185 Ga.App. 317 , 363 S.E.2d 822 (1987) (evidence of fair market value not required where plaintiff presented evidence of cost of repair).

12008–2008
Jackson v. Nationwide Credit, Inc. green
gactapp · 1992
1 sentence

1996Id.

11996–1996
Strickland v. Washington green
scotus · 1984
1 sentence

1993Accordingly, appellant has failed to establish a necessary element of his challenge under the standard of Strickland v. Washington, supra. Stamey v. State, 194 Ga. App. 305, 306-307 (1c) ( 390 SE2d 409 ).

11993–1993

Where else courts name it

CA 41 (1935–2026) NY 23 (1972–2025) CT 15 (1978–2024) TX 14 (1960–2024) MO 12 (1956–2024) PA 11 (1946–2023) NC 11 (1955–2022) MA 10 (1983–2024) TN 10 (1983–2014) OK 9 (1933–2015) GA 8 (1989–2023) WA 8 (1980–2025) UT 8 (1932–2019) IL 7 (1870–2011) IA 6 (1896–2015) LA 5 (2007–2021) KY 5 (1986–2020) MI 5 (1985–2025) OR 5 (1984–2008) MN 4 (1953–1998) VT 4 (2005–2018) AL 4 (1952–2005) NM 4 (1981–2023) CO 3 (1962–2026) FL 3 (1987–2014) KS 3 (1956–1989) MT 3 (1984–2016) NJ 3 (1985–2025) WY 2 (2000–2008) WV 2 (1949–2025) ME 2 (2005–2019) NV 2 (1958–2022) IN 2 (1978–2019) OH 2 (2000–2017) DC 2 (1986–1989) AZ 2 (1980–2024)

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.

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