Hudgens v. Broomberg

Weltner, Presiding Justice.

We granted certiorari in Broomberg v. Hudgens, 201 Ga. App. 524 (411 SE2d 521) (1991), to consider:

Whether the rule in Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986), is limited, as the Court of Appeals holds, to testimony “originally given ... in the actual case.”

1. In Prophecy, supra, we reaffirmed the “contradictory testimony rule,” and held that the trial court must determine, in each case, whether the testimony of a party comes within that rule.1

2. The Court of Appeals held:

In order to require, as a matter of law, that a party’s…