HENSEL PHELPS CONSTRUCTION COMPANY v. Johnson
Court of Appeals of Georgia
1Opinion of the Court
Birdsong, Judge.
The Georgia Supreme Court reversed our decision in the instant case; (Hensel Phelps Constr. Co. v. Johnson, 161 Ga. App. 631 (288 SE2d 318)). Accordingly, we hereby conform our decision in the case to their ruling.
In deciding the case as we did, we were very aware of Code Ann. § 81A-150 (a) which provides: “A motion for directed verdict shall state the specific grounds therefor.” Hensel Phelps did not raise the immunity from tort issue as a ground for directed verdict at trial because it could not; those grounds did not exist until after the trial, with the Supreme Court’s…
2Cases cited7 opinions
- Wright Associates, Inc. v. RiederSupreme Court of Georgia · 1981
- Smith v. WoodSupreme Court of Georgia · 1940
- Hensel Phelps Construction Co. v. JohnsonCourt of Appeals of Georgia · 1982
- Whitman v. BurdenCourt of Appeals of Georgia · 1980
- Williams v. CrossSupreme Court of Georgia · 1944
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3Cited by4 opinions
- Sunn v. Mercury MarineCourt of Appeals of Georgia · 1983
- Able-Craft, Inc. v. BradshawCourt of Appeals of Georgia · 1983
- Martha P. McCorkle and Edward E. McCorkle v. The United States of America and Conrad Weihnacht Construction Company, a Florida CorporationCourt of Appeals for the Eleventh Circuit · 1984
- West v. DorseyCourt of Appeals of Georgia · 1983