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PRESCOTT v. BUILDERS TRANSPORT, INC.

No. A01A1215.

554 S.E.2d 241 (2001)

251 Ga. App. 280

PRESCOTT v. BUILDERS TRANSPORT, INC.

Court of Appeals of Georgia.

Certiorari Denied January 9, 2002.

Attorney(s) appearing for the Case

Smith, Wallis & Scott, Kenneth A. Smith, James W. Wallis, Jr., Christopher B. Scott, Carrollton, Doffermyre, Shields, Canfield, Knowles & Devine, Robert E. Shields, Samuel W. Wethern, Atlanta, for appellant.

Page, Scrantom, Sprouse, Tucker & Ford, James C. Clark, Jr., Columbus, James A. Balli, for appellee.

MILLER, Judge.

The question on appeal is whether the trial court abused its discretion in granting a new trial where the court found that the defendant did not receive notice of the first trial. We hold that evidence supported the court's finding that notice was lacking and therefore affirm.

Builders Transport, Inc. (BTI) operated a truck that injured Donna Prescott. Prescott sued BTI and its excess insurance carrier...

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