Ryder Truck Rental, Inc. v. Carter, 77159
| Decision Date | 26 October 1988 |
| Docket Number | No. 77159,77159 |
| Citation | 189 Ga.App. 43,374 S.E.2d 830 |
| Parties | RYDER TRUCK RENTAL, INC., et al. v. CARTER, et al. |
| Court | Georgia Court of Appeals |
J. Robert Persons, David A. Herrigel, Atlanta, Arnold C. Young, Savannah, for appellants.
James B. Blackburn, Jr., Savannah, for appellees.
The case sub judice arose out of a fatal night-time collision between appellees' decedent and a trailer manufactured by appellant Great Dane Trailers, Inc. (Great Dane), and leased to another corporation, not a party to this appeal, by appellant Ryder Truck Rental, Inc. (Ryder). At the time of the accident the cab to which the trailer was attached occupied the southbound lane of the highway where the fatal collision occurred; the trailer, in a position perpendicular to the cab, was being backed across the highway's northbound lane into a driveway. The decedent, driving in the northbound lane, apparently did not see the trailer in time and struck it, severing the top of his automobile and killing decedent and his passenger.
Appellees brought an action against several defendants, including appellants here. Ryder and Great Dane moved for summary judgment on certain allegations of the complaint. The trial court granted Ryder's motion with respect to allegations that Ryder was negligent in not ascertaining that its lessee had certain licenses and insurance, but denied Ryder's motion with regard to allegations of negligence in allegedly inadequately equipping the trailer with side lights and reflective devices and failing to give public notice of such alleged defects or deficiencies. The trial court also denied summary judgment to Great Dane on the issues of careless and negligent design of the trailer by allegedly failing to equip it with adequate lighting and reflective devices. Ryder and Great Dane received certificates of immediate review on these issues, and we granted an interlocutory appeal. Held:
OCGA § 9-11-56(c) prescribes, in pertinent part: "[Summary] judgment ... shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law...." Summary judgment should be granted only where there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Malcom v. Malcolm, 112 Ga.App. 151, 144 S.E.2d 188 (1965). The party opposing the motion must be given the benefit of all reasonable doubts and all favorable inferences that may be drawn from the evidence. Georgia Intl. Life Ins. Co. v. Huckabee...
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