City of Fairburn v. Cook

Pope, Judge.

The City of Fairburn appeals from the December 1988 order of the Superior Court of Fulton County in which the trial court found that James Cook was entitled to recover the prejudgment interest previously awarded him in September 1986 and that all the City’s arguments why it was not responsible for the prejudgment interest award were adversely controlled by the doctrine of res judicata.

A partial review of the procedural history of the case sub judice is necessary in order to understand the nature of this appeal. Cook brought suit against the City and Atlanta & West Point Railroad…