Garner v. Victory Express, Inc.

Blackburn, Judge.

This is the second appearance of this case before us. In Garner v. Victory Express, 210 Ga. App. 481, 482 (436 SE2d 521) (1993), we determined that plaintiff-appellant, Kenneth Garner, failed to properly object to and request relief from defendant, Victory Express’ improper closing argument. However, in Garner v. Victory Express, 264 Ga. 171 (442 SE2d 455) (1994), the Georgia Supreme Court overruled Seaboard Coast Line R. Co. v. Wallace, 227 Ga. 363 (180 SE2d 743) (1971), upon which we based our earlier decision in this case. Thereafter, the Supreme Court remanded this case…