Tobacco Road, Inc. v. Callaghan, 70222
Decision Date | 10 April 1985 |
Docket Number | No. 70222,70222 |
Citation | 330 S.E.2d 768,174 Ga.App. 539 |
Parties | TOBACCO ROAD, INC. v. CALLAGHAN. |
Court | Georgia Court of Appeals |
William H. Turner, Jr., F. Thomas Young, Valdosta, for appellant.
O. Wayne Ellerbee, E. Cameron Hickman, Valdosta, for appellee.
The appellant brings this interlocutory appeal from an order requiring the production of statements obtained from certain witnesses by an investigator in his employ. The trial court determined that the statements had been obtained in anticipation of litigation within the meaning of OCGA § 9-11-26. However, in reliance upon this court's decision in Clarkson Indus. v. Price, 135 Ga.App. 787, 218 S.E.2d 921 (1975), the court ruled that the statements were discoverable without a showing of substantial need and undue hardship in obtaining the equivalent materials, because of the appellant's failure to demonstrate that the statements contained mental impressions, conclusions, opinions, or legal theories of the preparer. We granted the appellant's application for interlocutory appeal in order to resolve an apparent conflict between the Clarkson decision and the decision in Warmack v. Mini-Skools 164 Ga.App. 737, 297 S.E.2d 365 (1982). Held:
1. OCGA § 9-11-26(b)(3) clearly states that discovery of the type statements at issue here may be obtained
As we stated in Ga. Intl. Life Ins. Co. v. Boney, 139 Ga.App. 575(3), 228 S.E.2d 731 (1976), This is the correct rule, as was reaffirmed in Warmack v. Mini-Skools, supra. Insofar as Clarkson Indus., supra, is inconsistent with this rule, it is overruled; and the trial court's order requiring the production of the requested materials is accordingly reversed.
Judgment reversed.
DEEN, P.J., concurs and also concurs specially.
While concurring fully with the majority opinion, as the author of the decision...
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