Gordon v. Johnson

Court of Appeals of Georgia

Gordon v. Johnson

150 S.E.2d 461, 114 Ga. App. 207, 1966 Ga. App. LEXIS 687

CourtCourt of Appeals of Georgia

DecidedJuly 13, 1966

Docket42135

StatusPublished

Cited by5 cases

This text of 150 S.E.2d 461 (Gordon v. Johnson) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gordon v. Johnson, 150 S.E.2d 461, 114 Ga. App. 207, 1966 Ga. App. LEXIS 687 (Ga. Ct. App. 1966).

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Opinion

Deen, Judge.

The plaintiff, Mrs. Hall, sustained property damage as the result of a collision between a tractor-trailer owned by Hunt and operated by Gordon and an automobile owned by Johnson and operated by his wife. The jury returned a verdict against the Johnsons and in favor of Hunt and Gordon. The trial court granted a new trial “as to all of the parties in the case” on a motion for new trial filed by the Johnsons only, and overruled a plea in bar filed by Hunt and Gordon, contending that the case should not be re-tried as against them. Held:

This case is controlled by Brissette v. Munday, 222 Ga. 162 (149 SE2d 110) where it is held: “Where the jury in a tort action against two alleged tortfeasors, who were sued jointly and severally, found a verdict against one defendant only, and that defendant appealed from the denial of his motion for new trial, it was error for the Court of Appeals in its decision on that appeal to grant a new trial against the co-defendant of the appellant.” Indubitably, it follows that the trial court erred in requiring Hunt and Gordon, the appellants here, to participate in a retrial of the case.

Judgment reversed.

Nichols, P. J., and Hall, J., concur. *208 Memory, Barnes & Memory, S. F. Memory, Jr., for appellants. Bennett, Pedrick & Bennett, Wilson G. Pedrick, Emmett P. Johnson, for appellees.

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Deen, Judge.

The plaintiff, Mrs. Hall, sustained property damage as the result of a collision between a tractor-trailer owned by Hunt and operated by Gordon and an automobile owned by Johnson and operated by his wife. The jury returned a verdict against the Johnsons and in favor of Hunt and Gordon. The trial court granted a new trial “as to all of the parties in the case” on a motion for new trial filed by the Johnsons only, and overruled a plea in bar filed by Hunt and Gordon, contending that the case should not be re-tried as against them. Held:

This case is controlled by Brissette v. Munday, 222 Ga. 162 (149 SE2d 110) where it is held: “Where the jury in a tort action against two alleged tortfeasors, who were sued jointly and severally, found a verdict against one defendant only, and that defendant appealed from the denial of his motion for new trial, it was error for the Court of Appeals in its decision on that appeal to grant a new trial against the co-defendant of the appellant.” Indubitably, it follows that the trial court erred in requiring Hunt and Gordon, the appellants here, to participate in a retrial of the case.

Judgment reversed.

Nichols, P. J., and Hall, J., concur. *208 Memory, Barnes & Memory, S. F. Memory, Jr., for appellants. Bennett, Pedrick & Bennett, Wilson G. Pedrick, Emmett P. Johnson, for appellees.

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150 S.E.2d 461, 114 Ga. App. 207, 1966 Ga. App. LEXIS 687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gordon-v-johnson-gactapp-1966.

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