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Hans G. Reidv.Waste Industries Usa, Inc Et Al.

CourtCourt of Appeals of Georgia
Docket No.A17A1791
DecidedMarch 15, 2018
Reporter337 Ga. App. 826
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligenceCivil ProcedureSummary JudgmentEvidenceReversalVacaturRemand
Case Summary

Hans Reid was acquitted of criminal charges arising from allegations that he brandished a gun at his supervisor and coworkers after being fired. He then sued his employer and individual employees for malicious prosecution, conspiracy, and emotional-distress claims, and challenged the denial of sanctions related to missing video evidence. The Georgia Court of Appeals affirmed some summary-judgment rulings but held that the record required further consideration of the spoliation issue. The trial court had not addressed important evidence concerning whether a video had existed, what the defendants knew about it, and whether the evidence was critical to Reid’s claims. Because those factual questions could affect the proper remedy, the appellate court vacated the order denying sanctions and remanded for findings and reconsideration. The judgment was affirmed in part, reversed in part, and remanded with direction.

Opinion

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