Goss Brothers Trucking v. Ashley

Full title: GOSS BROTHERS TRUCKING et al. v. ASHLEY

Court: Court of Appeals of Georgia

Date published: Feb 11, 1999

512 S.E.2d 319 (Ga. Ct. App. 1999)

512 S.E.2d 319

Opinion

A97A0888.

DECIDED: FEBRUARY 11, 1999.

Action for damages. Polk Superior Court. Before Judge Cummings.

NcNatt, Greene Thompson, Hugh B. McNutt, Richard S. Thompson, for appellants. Salter, Shook Craig, Mitchell M. Shook, Susan S. Shook, for appellee.

RUFFIN, Judge.

In Ashley v. Goss Bros. Trucking, 269 Ga. 449 ( 499 S.E.2d 638) (1998), the Supreme Court reversed our decision in Goss Bros. Trucking v. Ashley, 228 Ga. App. 354, 355-357 (1) ( 492 S.E.2d 7) (1997), in which we reversed the judgment of the trial court and remanded for a new trial. Accordingly, Division 1 of our prior opinion is vacated, the judgment of the Supreme Court is made the judgment of this court, and the judgment of the trial court is affirmed.

Judgment affirmed. Johnson, C.J., McMurray, P.J., Andrews, Blackburn, and Barnes, JJ., and Senior Appellate Judge Harold R. Banke concur.

DECIDED FEBRUARY 11, 1999.