Jerry Lipps, Inc. v. Lewallen, 43954

• Court: Georgia Court of Appeals
• Writing for the Court: DEEN; JORDAN, P.J., and PANNELL
• Citation: Jerry Lipps, Inc. v. Lewallen, 164 S.E.2d 232, 118 Ga.App. 479 (Ga. App. 1968)
• Decision Date: 08 October 1968
• Docket Number: No. 43954,No. 3,43954,3
• Parties: JERRY LIPPS, INC. v. Adger LEWALLEN et al

Page 232

164 S.E.2d 232

118 Ga.App. 479

JERRY LIPPS, INC. v. Adger LEWALLEN et al.

No. 43954.

Court of Appeals of Georgia, Division No. 3.

Oct. 8, 1968.

Whelchel, Dunlap & Gignilliat, James A. Dunlap, Gainesville, for appellant.

No appearance for appellee.

Syllabus Opinion by the Court

DEEN, Judge.

Lewallen filed suit for damages for personal injuries against DeLoach and Jerry Lipps, Inc., alleging that he was injured at approximately 5:30 p.m. on November 1, 1967, in a collision between his farm tractor and a tractor-trailer unit owned by DeLoach and leased to Lipps. On Lipps' motion for summary judgment it appears that the defendants operated under a one-way lease agreement from St. Louis, Mo., to Baldwin, Ga., carrying freight which Lipps was moving between those points, the lease stipulation as to duration being as follows: 'It is agreed that this agreement shall cover the period of time from the commencement of loading the motor vehicle to the termination of the unloading.' It is undisputed that the termination of the unloading occurred at approximately 4:30 p.m. on November 1 at a point alleged in the petition as being approximately one half mile northwest of the municipal limits of Baldwin, Ga. The location was not admitted by the defendant, and plaintiff filed no response to the motion. Held: The presence of a genuine issue of material fact must, on motion for summary judgment, be apparent in some manner other than mere allegation in the pleading. General Gas Corp. v. Carn, 103 Ga.App. 542, 120 S.E.2d 156. Whether or not the...