Green v. Thompson, 431 S.E.2d 390 (Ga. Ct. App. 1993). · Go Syfert
Green v. Thompson, 431 S.E.2d 390 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
12 citation events (2 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 5 distinct citers. How cited ↗
discussed Cited as authority (rule) Smith v. Nasserazad
Ga. Ct. App. · 2001 · confidence medium
Pope, P. J., and Mikell, J., concur. 1 Smith v. Levadi, Case No. A00A0066, decided under Court of Appeals Rule 36, 243 Ga. App. XXII (April 26, 2000). 2 Court of Appeals Rule 33 (b). 3 Green v. Thompson, 208 Ga. App. 609, 610 ( 431 SE2d 390 ) (1993). 4 227 Ga. App. 432, 434 (1) ( 489 SE2d 153 ) (1997) (whole court). 5 Waldroup v. Greene County Hosp.
discussed Cited as authority (rule) Candler Hospital, Inc. v. Dent
Ga. Ct. App. · 1997 · confidence medium
Co. v. Jordan, 129 Ga. 665 (2) ( 59 SE 802 ) (1907); see also Rampell v. Williams, 217 Ga. App. 292, 294 (2) ( 457 SE2d 224 ) (1995); Green v. Thompson, 208 Ga. App. 609, 610 ( 431 SE2d 390 ) (1993); Mathis v. Melaver, Inc., 206 Ga. App. 392, 394 ( 425 SE2d 401 ) (1992); Olden Camera & Lens Co. v. White, 179 Ga. App. 728, 729 (1) ( 347 SE2d 696 ) (1986); Gilmore v. Fulton-DeKalb Hosp.
cited Cited as authority (rule) American States Insurance v. Walker
Ga. Ct. App. · 1996 · confidence medium
Green v. Thompson, 208 Ga. App. 609, 610 ( 431 SE2d 390 ) (1993).
cited Cited as authority (rule) Smith v. Maytag Corp.
Ga. Ct. App. · 1995 · confidence medium
Thompson v. Hardy Chevrolet &c., 211 Ga. App. 521, 522 (1) ( 439 SE2d 689 ) (1993); Green v. Thompson, 208 Ga. App. 609, 610 (1) ( 431 SE2d 390 ) (1993). 3.
cited Cited as authority (rule) Thompson v. Hardy Chevrolet-Pontiac-Buick, Inc.
Ga. Ct. App. · 1993 · confidence medium
(Cits.)’ [Cits.]” Green v. Thompson, 208 Ga. App. 609, 610 ( 431 SE2d 390 ) (1993).
Retrieving the full opinion text from the archive…
Green
v.
Thompson
A93A0004.
Court of Appeals of Georgia.
Apr 14, 1993.
431 S.E.2d 390
Allen W. Johnson, for appellant., Dye, Tucker, Eueritt, Wheale & Long, Benjamin H. Brewton, for appellee.
Sognier, Johnson, Blackburn.
Cited by 6 opinions  |  Published
Judge John W. Sognier.

Seeking to recover for personal injuries allegedly sustained in a motor vehicle mishap, appellant-plaintiff initiated separate lawsuits against each of two drivers. In the instant action it was alleged that appellee-defendant and the other driver were racing and that, acting in concert, they drove appellant’s vehicle off the road. Appellee denied the material allegations of the complaint and defended on the basis that the other driver’s negligence was the cause of any injury sustained by appellant. After discovery, appellee moved for summary judgment on the basis that, as a result of the separate suit against the other driver, appellant had obtained a verdict in his favor and that the judgment rendered on that verdict had been satisfied. The trial court granted appellee’s motion and appellant appeals from that judgment.

In support of his motion for summary judgment, appellee introduced the complaint, judgment, and the acknowledgment of satisfaction of that judgment, from the prior action brought by appellant against the other driver, in which appellant recovered for the same injuries for which he now seeks to hold appellee liable. “The trial[*610] court was correct in concluding that the [prior] judgment was conclusive and binding upon [appellant as to the amount of his damages], even though, strictly speaking, [appellee] was not in privity with the [defendant] in that action. The modern trend in applying the [doctrine] of . . . collateral estoppel [or issue preclusion] is to confine the privity requirement to the party against whom the plea is asserted, so as to permit one who is not a party to the judgment to assert the judgment against a party who is bound by it, and thus to preclude relitigation by that party of issues which have been determined adversely to him in the prior action, even though if the issue had been decided in his favor in the prior action, he would not have been entitled to assert the prior adjudication in a subsequent action against a stranger to the judgment. [Cits.]” Watts v. Lippitt, 171 Ga. App. 578, 579 (320 SE2d 581) (1984). See also Jordan Trucking v. Wiley, 199 Ga. App. 635, 636 (2) (405 SE2d 734) (1991). “A plaintiff may pursue any number of consistent or inconsistent remedies against the same person or different persons until he shall obtain a satisfaction from some of them.” OCGA § 9-2-4. This section prohibits double recovery. Olden Camera & Lens Co. v. White, 179 Ga. App. 728, 729 (1) (347 SE2d 696) (1986). Satisfaction of the prior judgment extinguished appellant’s cause of action for any injuries received from the motor vehicle incident. McLendon Bros. v. Finch, 2 Ga. App. 421, 422 (3a), 426-427 (3) (58 SE 690) (1907) (decided under former Civil Code § 4945). The trial court correctly granted appellee’s motion for summary judgment.

Decided April 14, 1993 — Reconsideration denied May 6, 1993 Allen W. Johnson, for appellant. Dye, Tucker, Eueritt, Wheale & Long, Benjamin H. Brewton, for appellee.

Judgment affirmed.

Johnson and Blackburn, JJ., concur.