Plywood Supply Co. v. Allrid
| Decision Date | 12 February 1969 |
| Docket Number | No. 1,No. 43859,43859,1 |
| Citation | 166 S.E.2d 401,119 Ga.App. 182 |
| Parties | PLYWOOD SUPPLY COMPANY v. W. O. ALLRID |
| Court | Georgia Court of Appeals |
Wilkinson, Nance & Head, A. Mims Wilkinson, Jr., H. Garland Head, III, Atlanta, for appellant.
Rich, Bass, Kidd & Broome, R. Hopkins Kidd, William F. C. Skinner, Jr., Decatur, for appellee.
Syllabus Opinion by the Court
Plaintiff's unoccupied Volkswagen, parked in a lot at the northwest corner of Harris and Ivy Streets in Atlanta, was damaged when an unoccupied cab of the Red Top Cab Company rolled from where it had been parked on Harris Street onto the lot, striking a Chevrolet and causing it to strike plaintiff's Volkswagen.
Plaintiff sued Plywood Supply Company, along with the Red Top Cab Company and James A. Lacy (apparently the taxi driver) seeking to recover his damages, alleging that one of them, or a combination of them, had negligently allowed the unoccupied cab to roll from the street into the parking lot and cause the damage.
Defendant, Plywood Supply Company, moved for summary judgment, presenting in support of its motion an affidavit of George Worthy that he had driven its truck to a point on Harris Street opposite the Atlanta Gaslight Company building, parked in near the curb, turned the front wheels into the curb, set the hand brakes and had then gone into the gas building for about five minutes; that when he so parked the truck there were no vehicles parked either immediately in front of or behind the truck, and that on his return he found the truck in exactly the same place and situation as he had left it; that in so parking the truck he had not struck or caused any other vehicle to move or roll from its parked position.
In opposition plaintiff presented the affidavit of Lee C. Horne, who asserted that as he drove along Harris Street he saw the unoccupied cab of Red Top Cab Company, and saw a truck of Plywood Supply Company as it was being parked in front of the taxi, headed east, and at a distance of some six feet from it. After Horne parked his vehicle in a lot on the south side of Harris Street he noticed that the taxicab had rolled downward across the street and into a parking lot on the north side and had struck a vehicle parked there. The truck of Plywood Supply Company was still parked where he had seen the driver place it.
Plaintiff opposed the motion for summary judgment on the ground that there is conflict in the affidavits of Worthy and Horne, in...
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Robinson v. Pollard
...against the truck owner the grant of a summary judgment to defendant Pollard by the trial court was correct. Plywood Supply Co. v. Allrid, 119 Ga.App. 182, 166 S.E.2d 401 and Crawford v. McDonald, 125 Ga.App. 289, 293, 187 S.E.2d Judgment affirmed. BELL, C.J., HALL and EBERHARDT, P. JJ., an......
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Plywood Supply Co v. Williams, 43860
...Skinner, Jr., Decatur, for appellee. Syllabus Opinion by the Court EBERHARDT, Judge. This case is controlled by Plywood Supply Company v. Allrid, 119 Ga.App. 182, 166 S.E.2d 401. The only distinction is that Williams, the owner of the Chevrolet, is the plaintiff Judgment reversed. FELTON, C......