Legal Opinion

Gwinnett Clinic, Ltd. v. Boaten

Court of Appeals of Georgia

Decided March 9, 2017No. A16A1827PublishedCited by 2 opinions

1Opinion of the Court

McFADDEN, Presiding Judge.

Gwinnett Clinic, Ltd. (“the Clinic”) brought an action against Dr. Afua Sarpon Boaten alleging that she had breached her employment contract with the Clinic and seeking liquidated damages pursuant to that contract. The trial court granted summary judgment to the Clinic on the issue of Boaten’s liability to it for breach of contract but ruled after a bench trial that the contract’s liquidated damages provision was an unenforceable penalty Because the Clinic had not sought any actual damages, the trial court awarded it no damages for Boaten’s breach of contract. See…

2Cases cited16 opinions

  1. Southeastern Land Fund, Inc. v. Real Estate World, Inc.Supreme Court of Georgia · 1976
  2. Liberty Life Insurance Company v. Thomas B. Hartley Construction Company Inc.Supreme Court of Georgia · 1989
  3. Physician Specialists in Anesthesia, P.C. v. MacNeillCourt of Appeals of Georgia · 2000
  4. Daniels v. JohnsonCourt of Appeals of Georgia · 1989
  5. Oasis Goodtime Emporium I, Inc. v. Cambridge Capital Group, Inc.Court of Appeals of Georgia · 1998

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3Cited by2 opinions

  1. City of Brookhaven v. Multiplex, LLCCourt of Appeals of Georgia · 2023
  2. TRANSAMERICA LIFE INSURANCE COMPANY v. DAIBES GAS HOLDINGS ATLANTA, L.L.C.District Court, D. New Jersey · 2021

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