Kroger Co. v. Walters

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “some evidence” supported the factual findings underlying the trial court’s imposition of spoliation sanctions
• affirming finding of spoliation upon deposition testimony of grocery store manager suggesting surveillance video was deleted after a slip-and-fall and acknowledging that the associated camera was repositioned after the fall
• affirming denial of motion in limine seeking to exclude evidence of spoilation because such evidence was relevant in jury’s determination of whether plaintiff was entitled to attorney fees under OCGA § 13-6-11
• affirming denial of motion in limine seeking to exclude evidence of spoliation because such evidence was relevant in jury’s determination of whether plaintiff was entitled to attorney fees under OCGA § 13-6-11
• noting that “[i]n a civil suit it is an abuse of discretion to exclude a relevant witness solely on the ground that the witness was not identified during discovery or in a timely manner,” unless the failure to properly identify the witness was in “violation of an express court order”
• manager aware of potential litigation after potential plaintiff came back to the store and informed the manager he was going to the doctor

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Lee v. Smith, II
  Supreme Court of Georgia· 2020-02-10· cited 19×
• Pulte Home Corp. v. Simerly
  Court of Appeals of Georgia· 2013-07-08· cited 18×
• KOHLER Et Al. v. VAN PETEGHEM Et Al.
  Court of Appeals of Georgia· 2014-11-19· cited 15×
• Caradigm USA LLC v. Pruithealth, Inc.
  Eleventh Circuit· 2020-07-10· cited 10×
• PHILLIPS Et Al. v. HARMON Et Al.
  Court of Appeals of Georgia· 2014-07-31· cited 4×
• Sheats v. the Kroger Company
  Court of Appeals of Georgia· 2017-09-08· cited 3×
• Lee v. Smith
  Court of Appeals of Georgia· 2018-06-27· cited 3×
• 150 Centreville, LLC v. Lin Associates Architects, PC
  New York Supreme Court· 2013-02-06· cited 1×
• Delphi Communications, Inc. v. Advanced Computing Technologies, Inc.
  Court of Appeals of Georgia· 2016-03-28
• Pulte Homes v. Adele Simerly
  Court of Appeals of Georgia· 2013-07-08
• Donggue Lee v. David A. Smith, II
  Court of Appeals of Georgia· 2018-06-27
• ADRIANA CORTES v. GEORGIA POWER COMPANY
  Court of Appeals of Georgia· 2021-09-08

Cites

23 cases in this archive are cited by this case; the 20 most cited are listed.

• Buffalo Cab Co. v. Williams
  Court of Appeals of Georgia· 1972-05-11· cited 63×
• Baxley v. Hakiel Industries, Inc.
  Supreme Court of Georgia· 2007-06-25· cited 46×
• David G. Brown, P. E., Inc. v. Kent
  Supreme Court of Georgia· 2002-03-11· cited 38×
• Brown v. Baker
  Court of Appeals of Georgia· 1990-11-05· cited 37×
• Craig v. BAILEY BROS. REALTY, INC.
  Court of Appeals of Georgia· 2010-07-06· cited 37×
• Professional Consulting Services of Georgia, Inc. v. Ibrahim
  Court of Appeals of Georgia· 1992-09-08· cited 35×
• Kitchens v. BRUSMAN
  Court of Appeals of Georgia· 2010-03-29· cited 32×
• Hankla v. Jackson
  Court of Appeals of Georgia· 2010-07-14· cited 32×
• Daniel v. Smith
  Court of Appeals of Georgia· 2004-03-04· cited 31×
• Hanna Creative Enterprises, Inc. v. Alterman Foods, Inc.
  Court of Appeals of Georgia· 1980-11-10· cited 30×
• Silman v. Associates Bellemeade
  Supreme Court of Georgia· 2009-10-19· cited 29×
• Langlois v. Wolford
  Court of Appeals of Georgia· 2000-09-19· cited 29×
• Wal-Mart Stores, Inc. v. Lee
  Court of Appeals of Georgia· 2008-03-26· cited 28×
• AMLI Residential Properties, Inc. v. Georgia Power Co.
  Court of Appeals of Georgia· 2008-08-22· cited 28×
• White v. Lance H. Herndon, Inc.
  Court of Appeals of Georgia· 1992-01-01· cited 24×
• U-Haul of Western Ga. v. Ford
  Court of Appeals of Georgia· 1984-07-12· cited 24×
• Collins v. Dickman
  Court of Appeals of Georgia· 2008-12-31· cited 20×
• Webster v. Brown
  Court of Appeals of Georgia· 1994-07-01· cited 19×
• Hart v. Northside Hospital, Inc.
  Court of Appeals of Georgia· 2008-03-21· cited 19×
• Paggett v. Kroger Co.
  Court of Appeals of Georgia· 2011-09-15· cited 15×