Junior v. Graham
Annotate this CaseThe Georgia Supreme Court granted certiorari to consider whether a plaintiff could receive a full recovery under OCGA 13-6-11 and OCGA 9-11-68(b)(2). Because the Court concluded the provisions provided for different recoveries despite using somewhat similar measures for calculating the respective amount of damages or sanction, a prevailing plaintiff could recover under each statutory provision without regard to any recovery under the other. Accordingly, the Court reversed the decision of the Court of Appeals and remanded this case with direction that the case be remanded to the trial court for reconsideration of the plaintiff’s claim for attorney fees and litigation expenses pursuant to OCGA 9-11-68(b)(2).
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