Legal Opinion

Clayton County v. Austin-Powell

Court of Appeals of Georgia

Decided March 28, 2013No. A12A2217; A13A0034PublishedCited by 11 opinions

1Opinion of the Court

McEadden, Judge.

Sherri McCobb and Rollie Austin-Powell brought separate wrongful death actions against Clayton County, alleging that the improper conduct of a county police officer during a high-speed chase of a car caused the deaths of their sons who were passengers in the car. McCobb and Austin-Powell, represented by the same attorneys, filed identical motions for discovery sanctions based on alleged spoliation of evidence. The motions were ruled upon by different trial court judges. The trial court in McCobb’s case denied the motion for sanctions due to spoliation and also granted summary…

2Cases cited11 opinions

  1. City of Lancaster v. ChambersTexas Supreme Court · 1994
  2. Robinson v. City of DetroitMichigan Supreme Court · 2000
  3. Cowart v. WidenerSupreme Court of Georgia · 2010
  4. Baxley v. Hakiel Industries, Inc.Supreme Court of Georgia · 2007
  5. Nelson & Hill, P.A. v. WoodCourt of Appeals of Georgia · 2000

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3Cited by11 opinions

  1. Phillips v. HarmonSupreme Court of Georgia · 2015
  2. Whitfield v. Tequila Mexican Restaurant No. 1, Inc.Court of Appeals of Georgia · 2013
  3. Allen v. Zion Baptist ChurchCourt of Appeals of Georgia · 2014
  4. R. C. Acres, Inc. v. Cambridge Faire Properties, LLCCourt of Appeals of Georgia · 2015
  5. PHILLIPS Et Al. v. HARMON Et Al.Court of Appeals of Georgia · 2014

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