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KINARD v. NATIONAL INDEM. CO.

Nos. A96A2134, A96A2135, A96A2136, A96A2137.

483 S.E.2d 664 (1997)

225 Ga. App. 176

KINARD v. NATIONAL INDEMNITY COMPANY (two cases). ROSS v. NATIONAL INDEMNITY COMPANY. ROSS et al. v. NATIONAL INDEMNITY COMPANY.

Court of Appeals of Georgia.

Certiorari Granted June 9, 1997.

Attorney(s) appearing for the Case

Temple, Strickland & Counts, William D. Temple, Decatur, William A. Dinges, for Kinard.

Philip M Casto, for the Rosses.

Long, Weinberg, Ansley & Wheeler, Kenneth M. Barre, Stevens & Associates, Scott A. Polhemus, Atlanta, for Nat. Indem. Co.

Franklin, Taulbee, Rushing, Bunce & Brogdon, W.M. Brogdon, Jr., Statesboro, Lawrence J. Pond, Atlanta, for amici curiae.

POPE, Presiding Judge.

On April 24, 1989, plaintiffs Albert and Jack Ross were injured when the vehicle they occupied was struck by a GMC truck driven by defendant Malcolm Stephens and owned by defendant John Kinard d/b/a Roy Bishop Housemovers. It is undisputed Kinard is an intrastate motor common carrier that has been issued a Certificate of Public Convenience and Necessity by the Public Service Commission.1 Following the collision,...

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