Grand Union Co. v. Miller

Full title: GRAND UNION d/b/a BIG STAR v. MILLER

Court: Court of Appeals of Georgia

Date published: Apr 1, 1999

517 S.E.2d 533 (Ga. Ct. App. 1999)

517 S.E.2d 533

Opinion

A98A0597.

DECIDED: APRIL 1, 1999

Malicious prosecution, etc. Fulton State Court. Before Judge Goger.

Hall, Booth, Smith Slover, Robert L. Shannon, Jr., for appellant.

Steven L. Beard, Steven A. Cook, for appellee.

BEASLEY, Presiding Judge.

In Division 2 of Grand Union Co. v. Miller, 232 Ga. App. 857 ( 503 S.E.2d 49) (1998), we held that the trial court erred in denying Grand Union's motion for summary judgment insofar as Miller sought to hold it liable for false imprisonment, assault and battery on a theory of respondeat superior based on the conduct of its employee Fox. In the other Divisions, we held that the trial court also erred in denying Grand Union's motion for summary judgment on Miller's additional claims. On certiorari, the Supreme Court in Miller v. Grand Union Co., 270 Ga. 537 ( 512 S.E.2d 887) (1999), reversed our holding in Division 2 but not the remaining Divisions. Accordingly, with respect to Division 2, our decision is vacated, the judgment of the Supreme Court is made the judgment of this Court, and the trial court's judgment is affirmed in part and reversed in part.

Judgment affirmed in part and reversed in part. Pope, P. J., and Ruffin, J., concur.

BEASLEY, Presiding Judge.

DECIDED APRIL 1, 1999.