Katherine R. Rintoul Et Al.v.Melvin Tolbert Et Al.
Katherine Rintoul and William Garner appealed partial summary judgment in an action involving Georgia’s Whistleblower Act. They challenged the timeliness of the defendants’ motion, the application of res judicata to Garner’s constructive-discharge claim, and governmental immunity. The Georgia Court of Appeals held that the superior court had discretion to consider the late summary-judgment motion and correctly granted judgment to individual defendants because the Act supplied no remedy against them in their personal capacities. It nevertheless held that res judicata did not bar Garner’s constructive-discharge claim because the earlier judgment was not a final adjudication that could preclude the claim. The court reversed summary judgment on that claim and affirmed the remaining rulings.
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