Gilmer v. Porterfield

Hill, Justice.

This case came to this court on certiorari. The statement of facts by the Court of Appeals is restated here for convenience with slight modification.

In a prior diversity of citizenship case brought in the United States District Court for the Middle District of Georgia, Otis Porterfield and his wife sought recovery from Philco Distributors, Inc., based solely upon the alleged negligence of Philco’s servant, Jeffrey Gilmer, in causing a rear end collision between Philco’s automobile being operated by Gilmer and the Porterfield truck being operated by Mr. Porterfield in which his…