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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.
| Case | Followed | Cited |
|---|---|---|
Southland Propane, Inc. v. McWhortergreen2 sentences2012Corp., 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). | 1 | 1 |
Wilcher v. Confederate Packaging, Inc.green1 sentence2012Where 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. | 1 | 1 |
Lockhart v. Marine Manufacturing Corp.green2 sentences2012Corp., 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). | 1 | 1 |
Cooler v. Bakergreen2 sentences2012Corp., 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). | 1 | 1 |
Hendrix v. Phillipsgreen1 sentence2012Corp., 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). | 1 | 1 |
John Thurmond & Associates, Inc. v. Kennedygreen2 sentences2011Cf. 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). | 1 | 1 |
Rafferzeder v. Zellnergreen2 sentences2008Thus, 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 | 1 | 1 |
Morrison Homes of Florida, Inc. v. Wadegreen2 sentences2008Thus, 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 | 1 | 1 |
Stamey v. Stategreen2 sentences1993Accordingly, 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 ). | 1 | 1 |
Kornegay v. Mundygreen2 sentences1992Kornegay v. Mundy, 190 Ga. App. 433, 435 ( 379 SE2d 14 ). 1992Kornegay v. Mundy, 190 Ga. App. 433, 435 ( 379 SE2d 14 ). | 1 | 1 |
Green v. Stategreen2 sentences1989See Green v. State, 175 Ga. App. 849 ( 335 SE2d 4 ) (1985). 1989See Green v. State, 175 Ga. App. 849 ( 335 SE2d 4 ) (1985). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Body of Christ Overcoming Church of God, Inc. v. Brinson
green
1 sentence2023V., 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 | 1 | 2023–2023 |
Graves v. State
green
1 sentence2012Where 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. | 1 | 2012–2012 |
Jack v. Heard Contractors, Inc. v. Moriarity
green
2 sentences2008Heard 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). | 1 | 2008–2008 |
Jackson v. Nationwide Credit, Inc.
green
1 sentence1996Id. | 1 | 1996–1996 |
Strickland v. Washington
green
1 sentence1993Accordingly, 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 ). | 1 | 1993–1993 |
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.