26 Georgia opinions name it 2 courts 1986–2024 4 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 |
|---|---|---|
Kelley v. BLUE LINE CARRIERS, LLCgreen2 sentences2014See Kelley v. Blue Line Carriers, LLC., 300 Ga. App. at 580 (2). 2014See Kelley v. Blue Line Carriers, 300 Ga. App. at 580 (2). | 2 | 2 |
Clark v. Aenchbachergreen2 sentences2013See, e.g., Esprit Log & Timber Frame Homes v. Wilcox, 302 Ga. App. 550, 553-554 (1), (2) ( 691 SE2d 344 ) (2010) (affirming damage award for breach of contract as well as jury’s award of punitive damages for contract-related fraud); Clark v. Aenchbacher, 143 Ga. App. 282, 284 (1) ( 238 SE2d 442 ) (1977) (finding that “[e]ven in an action for breach of contract, where there were matters of record relating to fraud, punitive damages can be awarded, for fraud, if found, is tortious conduct”) (citation and punctuation omitted). 3. 2013See, e.g., Esprit Log & Timber Frame Homes v. Wilcox, 302 Ga. App. 550, 553-554 (1), (2) ( 691 SE2d 344 ) (2010) (affirming damage award for breach of contract as well as jury’s award of punitive damages for contract-related fraud); Clark v. Aenchbacher, 143 Ga. App. 282, 284 (1) ( 238 SE2d 442 ) (1977) (finding that “[e]ven in an action for breach of contract, where there were matters of record relating to fraud, punitive damages can be awarded, for fraud, if found, is tortious conduct”) (citation and punctuation omitted). 3. | 2 | 2 |
Esprit Log & Timber Frame Homes, Inc. v. Wilcoxgreen2 sentences2013See, e.g., Esprit Log & Timber Frame Homes v. Wilcox, 302 Ga. App. 550, 553-554 (1), (2) ( 691 SE2d 344 ) (2010) (affirming damage award for breach of contract as well as jury’s award of punitive damages for contract-related fraud); Clark v. Aenchbacher, 143 Ga. App. 282, 284 (1) ( 238 SE2d 442 ) (1977) (finding that “[e]ven in an action for breach of contract, where there were matters of record relating to fraud, punitive damages can be awarded, for fraud, if found, is tortious conduct”) (citation and punctuation omitted). 3. 2013See, e.g., Esprit Log & Timber Frame Homes v. Wilcox, 302 Ga. App. 550, 553-554 (1), (2) ( 691 SE2d 344 ) (2010) (affirming damage award for breach of contract as well as jury’s award of punitive damages for contract-related fraud); Clark v. Aenchbacher, 143 Ga. App. 282, 284 (1) ( 238 SE2d 442 ) (1977) (finding that “[e]ven in an action for breach of contract, where there were matters of record relating to fraud, punitive damages can be awarded, for fraud, if found, is tortious conduct”) (citation and punctuation omitted). 3. | 2 | 2 |
Tyler v. Lincolngreen2 sentences2023See also Tyler, 272 Ga. at 120 (“A conscious indifference to consequences relates to an intentional disregard of the rights of another.”). 2023See also Tyler, 272 Ga. at 120 (“A conscious indifference to consequences relates to an intentional disregard of the rights of another.”). | 1 | 2 |
Miller v. City Views at Rosa Burney Park GP, LLCgreen2 sentences2020See id. 2014Id. at 597 . | 1 | 2 |
Kurtz v. Brown Shoe Co.green2 sentences2024Bank v. Bougas, 245 Ga. 412, 413-414 ( 265 SE2d 562 ) (1980); Kurtz v. Brown Shoe Co., 281 Ga. App. 706, 706 ( 637 SE2d 111 ) (2006). 28 to show his intent and state of mind in his dealings with Lennon, the statements were necessarily offered to prove Whitaker Farms’s liability for the punitive damages claim, and thus they were offered for a purpose forbidden by Rule 408 (a). 2024Bank v. Bougas, 245 Ga. 412, 413-414 ( 265 SE2d 562 ) (1980); Kurtz v. Brown Shoe Co., 281 Ga. App. 706, 706 ( 637 SE2d 111 ) (2006). 28 to show his intent and state of mind in his dealings with Lennon, the statements were necessarily offered to prove Whitaker Farms’s liability for the punitive damages claim, and thus they were offered for a purpose forbidden by Rule 408 (a). | 1 | 1 |
Citizens & Southern National Bank v. Bougasgreen2 sentences2024Bank v. Bougas, 245 Ga. 412, 413-414 ( 265 SE2d 562 ) (1980); Kurtz v. Brown Shoe Co., 281 Ga. App. 706, 706 ( 637 SE2d 111 ) (2006). 28 to show his intent and state of mind in his dealings with Lennon, the statements were necessarily offered to prove Whitaker Farms’s liability for the punitive damages claim, and thus they were offered for a purpose forbidden by Rule 408 (a). 2024Bank v. Bougas, 245 Ga. 412, 413-414 ( 265 SE2d 562 ) (1980); Kurtz v. Brown Shoe Co., 281 Ga. App. 706, 706 ( 637 SE2d 111 ) (2006). 28 to show his intent and state of mind in his dealings with Lennon, the statements were necessarily offered to prove Whitaker Farms’s liability for the punitive damages claim, and thus they were offered for a purpose forbidden by Rule 408 (a). | 1 | 1 |
Daniel Athey v. Farmers Insurance Exchangeillinois Farmers Insurance Companygreen2 sentences2024Compare Athey, 234 F3d at 362 .9 Because we conclude that Whitaker’s statements were offered 9 Indeed, liability for punitive damages requires willful misconduct in the underlying transaction, and actions occurring during litigation do not generally give rise to a punitive damages claim. 2024Compare Athey, 234 F3d at 362. 9 9 Indeed, liability for punitive damages requires willful misconduct in the underlying transaction, and actions occurring during litigation do not 29 Because we conclude that Whitaker’s statements were offered to show his intent and state of mind in his dealings with Lennon, the statements were necessarily offered to prove Whitaker Farms’s liability for the punitive damages claim, and thus they were offered for a purpose forbidden by Rule 408 (a). | 1 | 1 |
Chemtall, Inc. v. Citi-Chem, Inc.green1 sentence2024See, e.g., Chemtall Inc. v. Citi-Chem, Inc., 992 F. Supp. 1390, 1410 (S.D. | 1 | 1 |
TAYLOR, EXR. v. THE DEVEREUX FOUNDATION, INC. (And Vice Versa)green2 sentences2024See OCGA § 51-12-5.1 (b) (to recover punitive damages, plaintiff must prove that defendant’s actions “showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences”); Taylor, 316 Ga. at 55 (explaining that punitive damages may be awarded “only if the defendant’s actions showed a state of mind indicating some extra degree of culpability”). 2024See OCGA § 51-12-5.1 (b) (to recover punitive damages, plaintiff must prove that defendant’s actions “showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences”); Taylor, 316 Ga. at 55 (explaining that punitive 27 damages may be awarded “only if the defendant’s actions showed a state of mind indicating some extra degree of culpability”). | 1 | 1 |
State v. Almanzagreen2 sentences2023See State v. Almanza, 304 Ga. 553, 558 (2) ( 820 SE2d 1 ) (2018) (“The General Assembly was crystal clear in conveying its intent that Georgia’s new Evidence Code was primarily enacted to adopt the Federal Rules of Evidence.”) 3 Indeed, during the jury charge, the trial court instructed the jury that all of the evidence they heard concerning Curtis’s conduct after the lockout was “admitted for the sole purpose of demonstrating, if it does, [Curtis’s] intent to commit the tort of trespass and whether [Curtis’s] state of mind or motivations in connection with that tort meet the punitive damages 2023See State v. Almanza, 304 Ga. 553, 558 (2) ( 820 SE2d 1 ) (2018) (“The General Assembly was crystal clear in conveying its intent that Georgia’s new Evidence Code was primarily enacted to adopt the Federal Rules of Evidence.”) 3 Indeed, during the jury charge, the trial court instructed the jury that all of the evidence they heard concerning Curtis’s conduct after the lockout was “admitted for the sole purpose of demonstrating, if it does, [Curtis’s] intent to commit the tort of trespass and whether [Curtis’s] state of mind or motivations in connection with that tort meet the punitive damages | 1 | 1 |
Cox v. Mayan Lagoon Estates Ltd.green2 sentences2023See Cox v. Mayan Lagoon Estates, Ltd, 319 Ga. App. 101, 104 (1) (b) ( 734 SE2d 883 ) (2012) (explaining that the purpose of the former version of this rule, OCGA § 24-3-37, was to encourage settlements by allowing parties to make admissions towards compromise). 2023See Cox v. Mayan Lagoon Estates, Ltd, 319 Ga. App. 101, 104 (1) (b) ( 734 SE2d 883 ) (2012) (explaining that the purpose of the former version of this rule, OCGA § 24-3-37, was to encourage settlements by allowing parties to make admissions towards compromise). | 1 | 1 |
Holman v. Burgessgreen2 sentences2021Id. at 120-121 . 9 See Holman v. Burgess, 199 Ga. App. 61, 64 ( 404 SE2d 144 ) (1991) (a party is “not entitled to discover information concerning [another party’s] personal financial resources absent an evidentiary showing (by affidavit, discovery responses, or otherwise) that a factual basis existed for [the] punitive damage claim”). 18 It is true that based on the evidence in the record a jury would be authorized to find that Southern Fiber and Turton were innocent trespassers, in which case punitive damages would not be warranted. 2021Id. at 120-121 . 9 See Holman v. Burgess, 199 Ga. App. 61, 64 ( 404 SE2d 144 ) (1991) (a party is “not entitled to discover information concerning [another party’s] personal financial resources absent an evidentiary showing (by affidavit, discovery responses, or otherwise) that a factual basis existed for [the] punitive damage claim”). 18 It is true that based on the evidence in the record a jury would be authorized to find that Southern Fiber and Turton were innocent trespassers, in which case punitive damages would not be warranted. | 1 | 1 |
Racette v. Bank of America, N.A.green2 sentences2020See Racette v. Bank of America, N.A., 318 Ga. App. 171, 181 (6) ( 733 SE2d 457 ) (2012) (claim for punitive damages is derivative of a plaintiff’s substantive claims). 9 ownership of the property alone does not give rise to a fiduciary relationship between Jerry and Smith. 2020See Racette v. Bank of America, N.A., 318 Ga. App. 171, 181 (6) ( 733 SE2d 457 ) (2012) (claim for punitive damages is derivative of a plaintiff’s substantive claims). 9 ownership of the property alone does not give rise to a fiduciary relationship between Jerry and Smith. | 1 | 1 |
Brooks v. Graygreen1 sentence2019See Doctoroff, 273 Ga. App. at 561-562 ; Brooks, 262 Ga. App. at 233 (1). 8 Furthermore, separate and apart from the proximate cause issue related to Head’s use of her cell phone, “[i]n this case, there [was] no evidence that [Head] was speeding, driving while under the influence, or that [she] had a history of distraction-related accidents, traffic violations, or other evidence that would show a pattern of dangerous driving or other aggravating circumstances so as to authorize an award of punitive damages.” Lindsey, 312 Ga. App. at 536 . | 1 | 1 |
Doctoroff v. Perezgreen1 sentence2019See Doctoroff, 273 Ga. App. at 561-562 ; Brooks, 262 Ga. App. at 233 (1). 8 Furthermore, separate and apart from the proximate cause issue related to Head’s use of her cell phone, “[i]n this case, there [was] no evidence that [Head] was speeding, driving while under the influence, or that [she] had a history of distraction-related accidents, traffic violations, or other evidence that would show a pattern of dangerous driving or other aggravating circumstances so as to authorize an award of punitive damages.” Lindsey, 312 Ga. App. at 536 . | 1 | 1 |
Johnson v. Waddellgreen2 sentences2017See Johnson v. Waddell, 193 Ga. App. 692 (1) ( 388 SE2d 723 ) (1989) (after directed verdict on fraud claim, no basis existed in case to support punitive damages claim). 2017See Johnson v. Waddell, 193 Ga. App. 692 (1) ( 388 SE2d 723 ) (1989) (after directed verdict on fraud claim, no basis existed in case to support punitive damages claim). | 1 | 1 |
Burlington Air Express, Inc. v. GA. PACIFIC CORPORATIONgreen2 sentences2016See generally Trust Co. Bank v. Citizens & Southern Trust Co., 260 Ga. 124, 126 (1) (b) ( 390 SE2d 589 ) (1990) (“Punitive damages are not available in actions for breach of contract.”); Burlington Air Express, Inc. v. Ga. Pacific Corp., 211 Ga. App. 113, 116 (5) ( 438 SE2d 97 ) (1993) (“punitive damages cannot be awarded for breach of contract”); OCGA § 13-6-10. 2016See generally Trust Co. Bank v. Citizens & Southern Trust Co., 260 Ga. 124, 126 (1) (b) ( 390 SE2d 589 ) (1990) (“Punitive damages are not available in actions for breach of contract.”); Burlington Air Express, Inc. v. Ga. Pacific Corp., 211 Ga. App. 113, 116 (5) ( 438 SE2d 97 ) (1993) (“punitive damages cannot be awarded for breach of contract”); OCGA § 13-6-10. | 1 | 1 |
Trust Co. Bank v. Citizens & Southern Trust Co.green2 sentences2016See generally Trust Co. Bank v. Citizens & Southern Trust Co., 260 Ga. 124, 126 (1) (b) ( 390 SE2d 589 ) (1990) (“Punitive damages are not available in actions for breach of contract.”); Burlington Air Express, Inc. v. Ga. Pacific Corp., 211 Ga. App. 113, 116 (5) ( 438 SE2d 97 ) (1993) (“punitive damages cannot be awarded for breach of contract”); OCGA § 13-6-10. 2016See generally Trust Co. Bank v. Citizens & Southern Trust Co., 260 Ga. 124, 126 (1) (b) ( 390 SE2d 589 ) (1990) (“Punitive damages are not available in actions for breach of contract.”); Burlington Air Express, Inc. v. Ga. Pacific Corp., 211 Ga. App. 113, 116 (5) ( 438 SE2d 97 ) (1993) (“punitive damages cannot be awarded for breach of contract”); OCGA § 13-6-10. | 1 | 1 |
Brown & Williamson Tobacco Corp. v. Gaultgreen1 sentence2016Id. at 421-423 (1). | 1 | 1 |
Robert Monyak v. Barking Hound Village, LLCgreen2 sentences2016Appellants did not challenge this ruling on appeal. 2 Barking Hound Village v. Monyak, 331 Ga. App. 811, 815 (1) ( 771 SE2d 469 ) (2015) (physical precedent only), affirmed in part and reversed in part by Barking Hound Village v. Monyak, 299 Ga. 144 ( 787 SE2d 191 ) (2016). 3 Id. at 814 (1) (punctuation omitted; emphasis supplied). 4 Barking Hound Village, supra, 299 Ga. 144 . 5 Id. at 151 (2) (emphasis in original). 6 Id. at 152 (4). 7 Id. at 153 (4). 8 Id. 9 Id. at 153 (5). 10 Id. at 154 (5). 2016Appellants did not challenge this ruling on appeal. 2 Barking Hound Village v. Monyak, 331 Ga. App. 811, 815 (1) ( 771 SE2d 469 ) (2015) (physical precedent only), affirmed in part and reversed in part by Barking Hound Village v. Monyak, 299 Ga. 144 ( 787 SE2d 191 ) (2016). 3 Id. at 814 (1) (punctuation omitted; emphasis supplied). 4 Barking Hound Village, supra, 299 Ga. 144 . 5 Id. at 151 (2) (emphasis in original). 6 Id. at 152 (4). 7 Id. at 153 (4). 8 Id. 9 Id. at 153 (5). 10 Id. at 154 (5). | 1 | 1 |
| Walker County v. Tri-State Crematorygreen | 1 | 1 |
| Canal Indemnity Co. v. Greenegreen | 1 | 1 |
| Ledee v. Devoegreen | 1 | 1 |
| Zachary v. Stategreen | 1 | 1 |
| McClure v. Gowergreen | 1 | 1 |
| City of Monroe v. Jordangreen | 1 | 1 |
| Metropolitan Atlanta Rapid Transit Authority v. Tuckgreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Lindsey v. Clinch County Glass, Inc.
green
1 sentence2019See Doctoroff, 273 Ga. App. at 561-562 ; Brooks, 262 Ga. App. at 233 (1). 8 Furthermore, separate and apart from the proximate cause issue related to Head’s use of her cell phone, “[i]n this case, there [was] no evidence that [Head] was speeding, driving while under the influence, or that [she] had a history of distraction-related accidents, traffic violations, or other evidence that would show a pattern of dangerous driving or other aggravating circumstances so as to authorize an award of punitive damages.” Lindsey, 312 Ga. App. at 536 . | 1 | 2019–2019 |
Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc.
green
2 sentences2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. 2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. | 1 | 2018–2018 |
Corrugated Replacements, Inc. v. David Johnson
green
2 sentences2018"A derivative claim cannot survive the absence of compensatory damages on the underlying claim." Corrugated Replacements v. Johnson , 340 Ga. App. 364 , 371 (4), 797 S.E.2d 238 (2017). 2018"A derivative claim cannot survive the absence of compensatory damages on the underlying claim." Corrugated Replacements v. Johnson , 340 Ga. App. 364 , 371 (4), 797 S.E.2d 238 (2017). | 1 | 2018–2018 |
Premier Cabinets, Inc. v. Bulat
green
2 sentences2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. 2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. | 1 | 2018–2018 |
Executive Excellence, LLC v. Martin Bros. Investments, LLC
green
2 sentences2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. 2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. | 1 | 2018–2018 |
Simmons v. Futral
green
2 sentences2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. 2018Excellence v. Martin Brothers Investments , 309 Ga. App. 279 , 285 (1) (b) (ii), 710 S.E.2d 169 (2011) ; Roofing Supply of Atlanta v. Forrest Homes , 279 Ga. App. 504 , 508 (3), 632 S.E.2d 161 (2006) ; Simmons v. Futral , 262 Ga. App. 838 , 842, 586 S.E.2d 732 (2003) ; Premier Cabinets v. Bulat , 261 Ga. App. 578 , 583-584 (6), 583 S.E.2d 235 (2003). 9 Because the Association was entitled to summary judgment on Great Water's claim for defamation of title, the punitive damages claim arising from the same allegedly wrongful conduct must also fail, as it was a derivative claim. | 1 | 2018–2018 |
Capp v. Carlito's Mexican Bar & Grill 1, Inc.
green
2 sentences2017The Defendants argue that the Johnsons’ punitive damages claim against Robert is foreclosed by precedent from this Court, including our decision in Capp v. Carlito’s Mexican Bar & Grill #1, *372 288 Ga. App. 779 ( 655 SE2d 232 ) (2007). 5 In Capp , a plaintiff sued a restaurant under the Georgia Dram Shop Act, alleging that one of the restaurant’s employees knowingly served alcohol to a person who was in a state of noticeable intoxication before that person drove away drunk and caused an accident. 2017The Defendants argue that the Johnsons’ punitive damages claim against Robert is foreclosed by precedent from this Court, including our decision in Capp v. Carlito’s Mexican Bar & Grill #1, *372 288 Ga. App. 779 ( 655 SE2d 232 ) (2007). 5 In Capp , a plaintiff sued a restaurant under the Georgia Dram Shop Act, alleging that one of the restaurant’s employees knowingly served alcohol to a person who was in a state of noticeable intoxication before that person drove away drunk and caused an accident. | 1 | 2017–2017 |
MCI Communications Services, Inc. v. CMES, Inc.
green
1 sentence2016Accordingly, this claim remains pending below. 4 This Court’s observation in MCI that “ [t] he loss of use of damaged but repairable personal property measured by the reasonable rental rate has its roots in cases involving injury to domestic animals such as horses or mules,” in no way vitiates this Court’s holdings in Coffey and Webb or implies that the general fair market value rule of damages now applies in tortious injury to animal cases. 291 Ga. at 463 . | 1 | 2016–2016 |
Barking Hound Village, LLC v. Monyak
neutral
2 sentences2016Appellants did not challenge this ruling on appeal. 2 Barking Hound Village v. Monyak, 331 Ga. App. 811, 815 (1) ( 771 SE2d 469 ) (2015) (physical precedent only), affirmed in part and reversed in part by Barking Hound Village v. Monyak, 299 Ga. 144 ( 787 SE2d 191 ) (2016). 3 Id. at 814 (1) (punctuation omitted; emphasis supplied). 4 Barking Hound Village, supra, 299 Ga. 144 . 5 Id. at 151 (2) (emphasis in original). 6 Id. at 152 (4). 7 Id. at 153 (4). 8 Id. 9 Id. at 153 (5). 10 Id. at 154 (5). 2016Appellants did not challenge this ruling on appeal. 2 Barking Hound Village v. Monyak, 331 Ga. App. 811, 815 (1) ( 771 SE2d 469 ) (2015) (physical precedent only), affirmed in part and reversed in part by Barking Hound Village v. Monyak, 299 Ga. 144 ( 787 SE2d 191 ) (2016). 3 Id. at 814 (1) (punctuation omitted; emphasis supplied). 4 Barking Hound Village, supra, 299 Ga. 144 . 5 Id. at 151 (2) (emphasis in original). 6 Id. at 152 (4). 7 Id. at 153 (4). 8 Id. 9 Id. at 153 (5). 10 Id. at 154 (5). | 1 | 2016–2016 |
| Keasler v. Cedar Bluff Bank green | 1 | 2000–2000 |
| Thornton v. Davis green | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
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.