Legal Opinion · Dissent

Overground Atlanta, Inc. v. Dunn

Court of Appeals of Georgia

Decided March 17, 1989No. 77759Published

1DissentSognier, Judge

I must respectfully dissent, as I cannot agree with the majority’s conclusion that the verdict rendered by the jury was not inconsistent. It is well established that “ ‘in cases where the right to recover is dependent solely upon the doctrine of respondeat superior, and there is a finding that the servant, through whose negligence the master is attempted to be held liable, has not been negligent, as was true in the case in hand, there should be no judgment against the master.’ ” Southern R. Co. v. Harbin, 135 Ga. 122, 124-125 (68 SE 1103) (1910). “Unless additional and independent acts of…

2Cases cited12 opinions

  1. Southern Railway Co. v. HarbinSupreme Court of Georgia · 1910
  2. Fleming v. CollinsSupreme Court of Georgia · 1940
  3. Frostgate Warehouses, Inc. v. ColeSupreme Court of Georgia · 1979
  4. Thompson v. IngramSupreme Court of Georgia · 1970
  5. Hinkley v. Building Material Merchants Ass'n of Georgia, Inc.Court of Appeals of Georgia · 1988

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