Opinion
A93A0416.
DECIDED AUGUST 26, 1994.
Wrongful death. Houston Superior Court. Before Judge Nunn.
Davis, Gregory, Christy Forehand, Hardy Gregory, Jr., O'Neal, Brown Sizemore, Manley F. Brown, Carl A. Veline, Jr., for appellant.
Jones, Cork Miller, Charles L. Ruffin, David A. Pope, Warren C. Grice, for appellees.
1. In Division 1 of Mixon v. City of Warner Robins, 209 Ga. App. 414 ( 434 S.E.2d 71) (1993), we affirmed the trial court's grant of the City of Warner Robins and Officer Jeffrey Dumont's motion for summary judgment. The Supreme Court granted certiorari and reversed our decision. Mixon v. City of Warner Robins, 264 Ga. 385 ( 444 S.E.2d 761) (1994). Accordingly, Division 1 of this court's original judgment is vacated and the judgment of the Supreme Court is made the judgment of this court.
2. In our original decision we declined to reach the merits of appellant's second enumeration of error regarding a discovery issue. In its opinion, the Supreme Court remanded the case to us for consideration of that issue. The trial court determined, after an in camera review, that an internal investigation file generated after the accident was "material prepared by the City of Warner Robins in anticipation of litigation" and Dumont's personnel file did not contain any information which would lead to the discovery of admissible evidence. Absent abuse, "[an] appellate court will not interfere with the trial court's exercise of its discretion and `"(t)his policy is applicable to a trial judge's exercise of the broad discretion granted to him under the discovery provisions of the Civil Practice Act."' [Cit.]" Boykin v. Preferred Risk Ins. Co., 164 Ga. App. 485 ( 297 S.E.2d 496) (1982). See Irvin v. Macon Tel. Pub. Co., 253 Ga. 43 ( 316 S.E.2d 449) (1984); Athens Observer v. Anderson, 245 Ga. 63 ( 263 S.E.2d 128) (1980). We have reviewed the files at issue, which are part of the record on appeal, and conclude that the trial court did not abuse its discretion in denying the motion to compel.
Judgment affirmed in part and reversed in part. Blackburn and Smith, JJ., concur.