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CAPP v. CARLITO'S MEXICAN BAR & GRILL NO. 1

Nos. A07A1392, A07A1393.

655 S.E.2d 232 (2007)

CAPP v. CARLITO'S MEXICAN BAR & GRILL # 1, INC., Carlito's Mexican Bar & Grill # 1, Inc. v. Capp.

Court of Appeals of Georgia.

Reconsideration Denied December 6, 2007.

Attorney(s) appearing for the Case

Savage, Turner, Pinson & Karsman, Brent J. Savage, Jeremy S. McKenzie, Kathryn H. Pinckney, Thomas R. Herndon, Savannah, for appellant.

Fields, Howell, Athans & McLaughlin, Paul L. Fields, Jr., Gregory L. Mast, Bradley R. Fellman, Ellis, Painter, Ratterree & Adams, Sarah B. Akins, for appellee.

BERNES, Judge.

Leilani Capp, as guardian and next friend of Brian Hunter Sykes, brought this tort action against Carlito's Mexican Bar & Grill # 1, Inc. seeking to recover compensatory and punitive damages under Georgia's Dram Shop Act, OCGA § 51-1-40. Carlito's filed a motion to dismiss the punitive damages claim, which the trial court denied. Following the conduct of discovery, Carlito's filed a motion for summary judgment. The trial court granted Carlito...

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