Zarn, Inc. v. Southern Railway Co.

WELLS Judge.

Plaintiff assigns as error: the trial court’s granting of partial summary judgment on the issue of special or consequential damages; the trial court’s formulation of the measure of general damages in the jury instructions; and, the trial court’s exclusion of certain evidence. We first consider the order of partial summary judgment. The trial court’s order of partial summary judgment provided in pertinent part as follows:

After reviewing the Court records, the affidavits, the briefs of counsel, and after hearing the arguments of counsel, the Court finds that there is no genuine…