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SPRAYBERRY CROSSING PARTNERSHIP v. PHENIX SUPPLY CO.

No. A05A0762.

617 S.E.2d 622 (2005)

274 Ga. App. 364

SPRAYBERRY CROSSING PARTNERSHIP v. PHENIX SUPPLY COMPANY.

Court of Appeals of Georgia.

July 12, 2005.

Attorney(s) appearing for the Case

Troutman Sanders, Eric A. Szweda, Leonard M. Garside, II, Douglas A. Henderson, Steven J. Hewitson, Atlanta, for appellant.

Kilpatrick Stockton, Richard A. Horder, Jill Warner, Atlanta, for appellee.

RUFFIN, Chief Judge.

A Fulton County jury awarded Sprayberry Crossing Partnership ("Sprayberry") $350,000 in an action against Phenix Supply Company ("Phenix") to recover for hazardous waste contamination of Sprayberry's property. The trial court granted Phenix's motion for judgment notwithstanding the verdict ("j.n.o.v.") on the grounds that proximate cause was not proven. Sprayberry appeals, and for the reasons that follow, we reverse.

On appeal, we determine...

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