RITE AID OF GEORGIA, INC. v. Peacock

I believe that the trial court did not abuse its discretion in finding that, for purposes of OCGA § 9-11-23 (a), Peacock and the class of Swainsboro Rite Aid customers shared common questions of law and *579fact and that Peacock was a sufficiently typical representative of the class. Accordingly, I disagree with the majority that the trial court erred in so finding.

Peacock’s breach of duty, breach of fiduciary duty, breach of contract, and unjust enrichment claims are based on Rite Aid’s alleged duty to protect the confidentiality of the class members’ pharmacy records. He claims that Rite Aid…