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JOHNSON v. TRUST CO. BANK

No. A96A1004.

478 S.E.2d 629 (1996)

223 Ga. App. 650

JOHNSON v. TRUST COMPANY BANK.

Court of Appeals of Georgia.

Certiorari Denied March 7, 1997.

Attorney(s) appearing for the Case

Maurice J. Bernard III, Curtis A. Thurston, Jr., for appellant.

Webb, Carlock, Copeland, Semler & Stair, Frederick M. Valz III, Scott D. Huray, Atlanta, for appellee.

POPE, Presiding Judge.

On July 18, 1993, plaintiff James Johnson was shot at an ATM owned by defendant Trust Company Bank. Four months later, he filed for Chapter 7 bankruptcy, but in doing so failed to list any claim he might have against defendant as a potential asset of his bankruptcy estate. Subsequently, the bankruptcy court discharged plaintiff's debts and closed his case. Thereafter, plaintiff filed the present tort action against defendant. Defendant moved...

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