Bowen v. Ken-Mar Construction Company, Inc.

1 Citing case

  1. Dimambro Northend Assoc. v. Williams

    169 Ga. App. 219 (Ga. Ct. App. 1983)   Cited 39 times
    Finding a bona fide controversy to exist where experts on both sides testified to such on the issue of causation

    In the instant case, bad faith was not at issue and appellees proceeded only on the theory that appellant had caused them unnecessary trouble and expense. Compare Bowen v. Ken-Mar Constr. Co., 155 Ga. App. 53 ( 270 S.E.2d 283) (1980); Jackson v. Brinegar, 165 Ga. App. 432, 436 (2) ( 301 S.E.2d 493) (1983). Our review of the transcript demonstrates that the instant case is virtually indistinguishable from Ideal Pool Corp. v. Champion, supra at 384: "There was a bona fide controversy as to causation — as testified to by the experts on both sides.