Benton v. David Allen Company, Inc.

Full title: BENTON v. DAVID ALLEN COMPANY, INC

Court: Court of Appeals of Georgia

Date published: Jan 22, 1991

402 S.E.2d 554 (Ga. Ct. App. 1991)

198 Ga. App. 363

Opinion

A89A1526.

DECIDED JANUARY 22, 1991.

Action for damages. Chatham Superior Court. Before Judge Gadsden.

Downing, McAleer Gaskin, James E. McAleer, Mark H. Johnson, for appellant.

Barrow, Sims, Morrow Lee, Jordan D. Morrow, for appellee.

CARLEY, Judge.

In Benton v. David Allen Co., 193 Ga. App. 789 ( 388 S.E.2d 878) (1989), we reversed the grant of summary judgment in favor of appellee-defendant, holding that we were bound by the Supreme Court's opinion in Powell v. Ledbetter Bros., 251 Ga. 649, 651 (3) ( 307 S.E.2d 663) (1983). On certiorari, the Supreme Court reversed, agreeing that its opinion in Powell v. Ledbetter Bros., supra, was otherwise controlling in the instant case, but nevertheless holding that Powell should be overruled. David Allen Co. v. Benton, 260 Ga. 557 ( 398 S.E.2d 191) (1990). Accordingly, our original judgment of reversal in the instant case is hereby vacated and the judgment of the Supreme Court is made the judgment of this court. The trial court correctly granted summary judgment in favor of appellee and that judgment is, therefore, affirmed.

Judgment affirmed. McMurray, P. J., and Beasley, J., concur.

CARLEY, Judge.

DECIDED JANUARY 22, 1991.