OUTCOME: Chapter 13 Client had Larger Debt Than Allowed
Debtor (J & R Granite) filed Chapter 13 petition. Widow and surviving minor children of deceased employee of debtor objected to confirmation of debtor's Chapter 13 plan. The Bankruptcy Court, Robert F.... Hershner, Jr., J., held that debtor's liability for workers' compensation benefits to widow and children was fixed and absolute and, together with debtor's other noncontingent, liquidated, unsecured debts, exceeded the $100,000 ceiling under Chapter 13.
Objection sustained.
Based on this ruling, this case had to be converted to a straight liquidation, Chapter 7.
Medical malpractice
Appellate Reversal of Medical Malpractice Ruling by Trial Court Handled by Mr. Head Changed Georgia Law in 1983
Mr. Head has handled litigation of all types in his 33 years or practice. This appeal from a quarter century ago was handled for a friend's daughter who had obviously received very poor medical care f...rom a doctor near the middle school where she taught in Elbert County, Georgia. The complete unwillingness of the Elbert County doctor (who is apparently no longer in practice) to admit any responsibility for harming Ms. Killingsworth through medical negligence led to the filing of a civil suit for malpractice (attempting to inject a muscle pull in her shoulder blade area of her back, and (instead) puncturing her lung. The case is reported at Killingsworth v. Poon, 167 Ga.App. 653, 655, 307 S.E.2d 123 (1983). The holding of the case was that some OBVIOUS acts of medical malpractice do not require the inclusion of an opinion of expert medical testimony that defendant-doctor failed to exercise requisite “degree of care and skill.†Dr. Norman Johnson issued an opinion letter saying that it appeared that Dr. Poon had punctured her lung based on the immediate pain, loss of breath and collapsed lung that folloed his treatment of this young, healthy physical education teacher.
Criminal defense
Sale of Alcohol to a Minor Conviction Overturned at 162 Ga.App. 491, 292 S.E.2d 93 (1982)
Nov 17, 1982
OUTCOME: Selling Alcohol to Minor Charge Reversed on Appeal
Mr. Head was hired by an Athens bar owner to represent their female bartender, who had been accused or "selling alcohol to a minor." The bar was part of a citywide sting of establishments that poured ...alcohol by City of Athens Police Department. Mr. Head defended the case entirely upon her lack of intent, because intent was an element of this particular offense.
The bar owners had assigned a male employee to check all identification at the door. Marcia M. was told that anyone inside was already checked by the doorman. The doorman and owners all testified that the doorman had "screwed up", and that it was totally his responsibility.
Here is a quote from the case:
In its instructions to the jury the trial court stated: “I charge you further that as this law states that is the duty of the person who is doing the furnishing or the selling to make a determination as to whether or not the person to whom the alcoholic beverage is being furnished or being sold or delivered, was in fact, a minor and that is not cured by someone else also having the duty, if they did have such duty, to make a determination as to who came in and went out of the place as a doorkeeper.â€
The trial judge, however, gave the jurors an instruction that all but negated the entire defense, Mr. Head objected to the improper instruction, because it made Marcia M's crime one of "strict liability", as he worded it. The jury convicted Marcia M, in large part due to the instruction.
The Court of Apepals overturned the conviction. When the file was returned to the State Court of Clarke County, the Prosecutor was unwilling to seek another trial, due to Mr. Head's challenge to double jeopardy. Marcia M's record was cleared.
Appeals
Conviction for Sale of Alcohol to Underage Bar Patron Overturned on Appeal
Bartender who was told that all patrons of establishment would be screened for identification at the door could raise such lack of knowledge of the doorman's failure to follow his boss's instructions a...s a defense. When trial judge refused to deliver the jury instructions in a manner that covered this sole defense of the accused, the conviction had to be reversed. Ms. Monteford walked away a free woman with no conviction in tis case.1
Federal crime
United States v. Webb
Sep 12, 1980
OUTCOME: Mr. Head Sought to Appeal Federal Judge's Rulings
Mr. Head appealed Webb's conviction for intentionally shooting at a helicopter, in violation of federal law. The 5th Circuit Court of Appeals held: "we thus disagree with the district court's grounds ...for exclusion, we find ample support for its result in the so-called “opinion rule,†see generally 7 J. Wigmore, Evidence ss 1917-29 (Chadbourne rev.ed. 1978), codified in Fed.R.Evid. 701-06. That rule prohibits the admission of opinion testimony, save where the proponent demonstrates the applicability of some exception. Webb plainly sought to invoke the exception recognized for qualified “experts,†whose opinions are admissible when their “scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue.†Fed.R.Evid. 702. Although it seems, these days, that even the most obvious of phenomena admit of “expert†analysis, the opinion rule does not bend so far."
Thus, the conviction was upheld, and Web''s expert witness was excluded from testifying at trial.
Divorce and separation
Divorce Challenge to Benefits of Life Insurance Policy
Jun 12, 1980
OUTCOME: Court Ruled in Client's Favor, Appeal Reversed
Mr. Head represented former wife of deceased man and sued widow of her former husband for proceeds of life insurance policy which was payable upon husband's death. The policy had been purchased while M...r. Head's client was married to the former husband. The attorney who had drafted the divorce papers included language about the first wife receiving the benefits from life insurance policies in existence at the time of the divorce, but he never sent such change notice to the insurance company. The Clarke Superior Court, James Barrow, Senior Judge Presiding, entered summary judgment in favor of Mr. Head's client, and widow of the deceased man appealed. The Court of Appeals held that Judge Barrow could not make a ruling that awarded the proceeds to Mr. Head's client. Because the attorney who had drawn up the divorce separation agreement (not Mr. Head) had done a poor job drafting the document, the matter had to go to a jury trial.
Car accident
Moore v. City of Athens
Mar 20, 1979
OUTCOME: Athens Police Officer Injured by City's Negligence
Before sunrise on a Monday, an Athens Police Officer S. Moore, was traveling from home to work. As he crested a hill, he saw what appeared to be a very large truck sitting in the middle of the roadway... directly in front of him. The truck had no emergency blinkers on, and no type of illumination of rear lights. Moore tried to stop before striking the large commercial truck, but could not. The impact caused severe cuts to his face and damage to his teeth, and knocked him unconscious. He was rushed to emergency care and sutured up. As a result of the crash, he lost time from work, and had to have additional surgery.
The truck belonged to the City of Athens. It was a garbage truck that had "broken down". The driver abandoned the truck when it would not proceed on its own power. Mr. Moore was the unfortunate victim of this negligence.
Although a lawsuit was filed, the case settled for a 6-figure sum prior to trial. Mr. Moore made a full recovery, and moved from Athens to Atlanta where he went into business for himself.
DUI and DWI
Man With Second DUI and a 0.118 and 0.105 Breath Tests Wins DUI Case at Pre-Trial Motion Hearing - No Probable Cause to Arrest
N/A
OUTCOME: DUI is Dismissed for Lack of Cause to Arrest
On March 22, 2007, SD was pulled over for speeding as he was on the way to his home. The officer informed him of why the traffic stop was made, and also said that he noticed a strong odor of alcohol c...oming from the cab of SD's pick-up truck. The officer also saw that SD had bloodshot, watery eyes, but never asked why. Based on the speeding, the smell of alcohol, and the red, bloodshot eyes, the officer asked SD to step out of the truck to perfom some field sobriety evaluations. SD said that he would rather not do that. The officer then radioed for a back-up officer to come to his location, worried that SD may offer resistance. While the other officer was on the way, the officer at the scene asked SD again to step out of his vehicle, and SD stated that he was almost home, and did not want to get out and try to do field evaluations. After another request, this time asking "please", SD did step out. He was immediately turned around and cuffed from behind and searched by the officer.
At the non-jury trial (and combined pre-trial motion hearing) in Forsyth County, GA, Mr. Head asserted that insufficient proof of impairment existed to make a custodial arrest for DUI, since the speeding ticket would have resulted in a mere issuance of a ticket for a later court date (which the officer had acknowledged under cross-examination). Judge Maurice Hilliard (who was sitting in for the usual judge who was out of the office) ruled that the officer did not gather enough proof to make an arrest decision. Both the per se DUI count and the less safe DUI count were therefore defeated.
The speeding ticket was not challenged, and Mr. Head agreed to plead guilty to a "no-points" disposition to that charge.
DUI and DWI
3rd in 5 case dismissed
N/A
OUTCOME: 3rd in 5 DUI Dismissed
Mr. Yager's client initially came to Head, Thomas, Webb, & Willis, LLC, referred to Mr. Head. Mr. Yager handled initial investigation of this case that was more than 2 years old. The case had previou...sly been handled by another attorney who had led Mr. Yager's client to believe that he would have no negative consequences if he did not show up for trial so long as he never came back to Georgia. Mr. Yager's client, a business man, had moved to another state. Upon his return to GA, Mr. Yager's client decided he wanted to get his past behind him before getting married.
With the assistance of Mr. Yager, the client was able to surrender himself to the court and was granted a bond pending trial.
The prosecution in the case wanted to make a point and decided to offer Mr. Yager's client no deal other than a year to serve. Unwilling to do this, Mr. Yager's client moved to William Head for trial.
The case was put forward to trial, and Mr. Head was able to work his magic getting all charges against this man dismissed.
