KESTERSON v. JARRETT

No. S11G0590.

728 S.E.2d 557 (2012)

291 Ga. 380

KESTERSON et al. v. JARRETT et al.

Supreme Court of Georgia.

June 18, 2012.


Attorney(s) appearing for the Case

David Frank Walbert , Parks, Chesin & Walbert, P.C., Atlanta, for appellant.

Weymon H. Forrester , Tracy Morgan Baker , Forrester & Brim, Gainesville, for appellee.

Thomas S. Carlock , Eric Jeffrey Frisch , Carlock Copeland & Stair, LLP, Atlanta, Andrew H. Marshall , Begnaud & Marshall, LLP, Athens, for other party.


NAHMIAS, Justice.

Under the longstanding law of Georgia, the parties to a lawsuit have a fundamental right to be present in court during the trial of their case. The issue presented in this appeal is whether a party may be denied that right and excluded from the courtroom because her physical and mental condition may evoke undue sympathy from the jury and thereby improperly prejudice the other party. This appears to be a question of first impression for Georgia's...

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