Malin v. Jaggers
| Decision Date | 13 May 1975 |
| Docket Number | No. 50319,No. 2,50319,2 |
| Citation | 134 Ga.App. 806,216 S.E.2d 666 |
| Parties | J. C. MALIN v. Patsy JAGGERS |
| Court | Georgia Court of Appeals |
Phillip Slotin, Atlanta, for appellant.
Daniel C. B. Levy, Atlanta, for appellee.
Syllabus Opinion by the Court
' Issues of negligence, including the related issues of assumption of risk, lack of ordinary care for one's own safety, lack of ordinary care in avoiding the consequences of another's negligence and comparative negligence, are ordinarily not susceptible of summary adjudication whether for or against the plaintiff or the defendant, but must be resolved by a trial in the ordinary manner.' Wakefield v. A. R. Winter Co., Inc., 121 Ga.App. 259, 174 S.E.2d 178.
Furthermore, 'While opinion evidence adduced by the respondent is sufficient to preclude the grant of a summary judgment . . . it does not follow that the introduction of opinion evidence by the movant will authorize the grant of a summary judgment.' Harrison v. Tuggle, 225 Ga. 211, 213, 167 S.E.2d 395, 398.
A thorough review of the proof offered on defendant's motion for summary judgment reveals that the trial judge did not err in overruling such motion.
Judgment affirmed.
To continue reading
Request your trial
-
Beam v. Omark Industries, Inc.
...own safety, are not susceptible of summary adjudication, but should be resolved by a trial in the ordinary manner. Malin v. Jaggers, 134 Ga.App. 806, 216 S.E.2d 666. Whether defendant's conduct in this instance amounted to negligence is for the trier of fact. The court erred in granting sum......
-
Wright v. Shoney's of Savannah
...lack of ordinary care for one's own safety and comparative negligence are not susceptible of summary adjudication. Malin v. Jaggers, 134 Ga.App. 806, 216 S.E.2d 666; Lay v. Munford, Inc., 235 Ga. 340, 219 S.E.2d In my view, there was not a place of obvious danger but there was a dangerous t......
-
Morris v. Pulliam
...including that of the defendant's speed at the time of the collision, jury issues remain for determination. See Malin v. Jaggers, 134 Ga.App. 806, 216 S.E.2d 666; Griffin v. Bremen Steel Co., 161 Ga.App. 768, 770-772(2), 288 S.E.2d 874, Judgment reversed. SHULMAN, C.J., concurs. BIRDSONG, J......
-
Clements v. Long, 65468
...be resolved by a trial in the ordinary manner." Wakefield v. A.R. Winter Co., 121 Ga.App. 259, 174 S.E.2d 178. See also Malin v. Jaggers, 134 Ga.App. 806, 216 S.E.2d 666, citing Wakefield v. A.R. Winter Co., supra. It is further stated in Wakefield v. A.R. Winter Co., supra, 121 Ga.App. at ......