Stanley v. Booz

Court of Appeals of Georgia

Stanley v. Booz

346 S.E.2d 1, 179 Ga. App. 257, 1986 Ga. App. LEXIS 1881

CourtCourt of Appeals of Georgia

DecidedMay 15, 1986

Docket72428; 72429; 72430

StatusPublished

This text of 346 S.E.2d 1 (Stanley v. Booz) 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.

Bluebook

Stanley v. Booz, 346 S.E.2d 1, 179 Ga. App. 257, 1986 Ga. App. LEXIS 1881 (Ga. Ct. App. 1986).

Pincite

Opinion

McMurray, Presiding Judge.

Plaintiff and his wife were the driver and passenger, respectively, of a vehicle which was involved in a collision. Each filed a separate action seeking damages for personal injuries from the same defendants. The wife’s case was tried before a jury, resulting in a verdict in favor of all the defendants.

Subsequently, defendants moved for. summary judgment, relying upon the “doctrine of binding precedent.” Plaintiff appeals from the grant of summary judgment in favor of defendants. Held:

Norris v. Atlanta & West Point R. Co., 174 Ga. App. 389 (330 SE2d 151), relied upon by the trial court has been reversed and the “doctrine of binding precedent” enunciated therein rejected as violative of due process. See Norris v. Atlanta & West Point R. Co., 254 Ga. 684 (333 SE2d 835). Genuine issues of material fact remain for resolution by a jury.

Judgments reversed.

Carley and Pope, JJ., concur.

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