Six Flags Over Georgia II, Lp v. Joshua L. Martin

WHOLE COURT
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
October 12, 2017
In the Court of Appeals of Georgia
A15A0828. A15A0829. SIX FLAGS OVER GEORGIA II, LP et al.
v. MARTIN; and vice versa.
DILLARD, Chief Judge.
In Martin v. Six Flags Over Georgia II, L.P., ___ Ga. ___ (801 SE2d 24)
(2017), the Supreme Court of Georgia affirmed in part and reversed in part our
previous decision in Six Flags Over Georgia II, L.P. v. Martin, 335 Ga. App. 350(780 SE2d 796) (2015), and remanded the case with direction. Specifically, the
Supreme Court of Georgia affirmed our holding that the evidence was sufficient to
support the jury’s verdict as to liability in Joshua Martin’s premises-liability action
against Six Flags Over Georgia II, L.P. (albeit for different reasons), but reversed our
decision to the extent that we held that, due to an apportionment error, the case must
be retried in its entirety.1 Instead, our Supreme Court concluded that, upon remand
to the trial court, the apportionment error, which is detailed in our original opinion,
requires a retrial only as to apportionment, and thus, the Supreme Court remanded the
case to this Court with direction that we remand the case to the trial court for further
proceedings not inconsistent with the Supreme Court of Georgia’s opinion.2
Accordingly, we adopt the judgment of the Supreme Court of Georgia as our own,
vacate the jury’s verdict with respect to apportionment of damages only, and remand
the case for further proceedings consistent with the opinion of our Supreme Court.
Judgment affirmed in part, reversed in part, and case remanded with direction.
All judges concur.
1
See generally Martin, ___ Ga. at ___ (II) (A), ___ (III).
2
See id. at ___ (III).
2