Scapa Dryer Fabrics, Inc. v. Knight

340 Ga.App. 199

796 S.E.2d 918 (Mem)

SCAPA DRYER FABRICS, INC.

v.KNIGHT et al.

A14A1587

Court of Appeals of Georgia.

February 10, 2017

M. Elizabeth O'Neill, Robert Cape Buck, Atlanta, Stephen Christopher Collier, H. Lane Young II, Atlanta, for Appellant.

Robert Cape Buck, Atlanta, for Appellee.

McFadden, Presiding Judge.

In Scapa Dryer Fabrics, Inc. v. Knight , 332 Ga.App. 82, 770 S.E.2d 334 (2015), this court affirmed a final judgment entered after a jury trial, finding, among other things, that the trial court had not erred in admitting certain expert testimony. In Scapa Dryer Fabrics, Inc. v. Knight , 299 Ga. 286, 788 S.E.2d 421 (2016), the Georgia Supreme Court reversed Division 2 of our decision, holding that, regardless of its scientific validity, the expert testimony did not "fit" the legal standard for causation and so had been erroneously admitted.

The judgment of the Supreme Court is adopted in place of Division 2 of the opinion of this court. The remaining portions of our opinion "were neither addressed nor considered by the Supreme Court" and "are consistent with [that] Court's ruling," so "they become binding upon the return of the remittitur." Shadix v. Carroll Cty. , 274 Ga. 560, 563–64 (1), 554 S.E.2d 465, 468 (2001).

The parties have filed supplemental briefs. But the issues raised in those briefs should be considered in the first instance by the trial court.

The judgment of the trial court is reversed.

Judgment reversed.

Doyle, C.J., Barnes, P.J., Andrews, Ray, Branch, and Self, JJ., concur.