Thomas v. Morrison, A02A0430.
| Decision Date | 03 May 2002 |
| Docket Number | No. A02A0430.,A02A0430. |
| Citation | 256 Ga. App. 127,567 S.E.2d 692 |
| Parties | THOMAS v. MORRISON. |
| Court | Georgia Court of Appeals |
OPINION TEXT STARTS HERE
Hinton & Powell, Andrew J. Hinton, Jr., for appellant.
Bowles & Bowles, Jesse G. Bowles, Swift, Currie, McGhee & Hiers, Robert B. Peery, Kenneth B. Still, Atlanta, for appellee.
Willie Sam Thomas appeals from the trial court's grant of summary judgment to Richard Morrison on Thomas's claim for damages after the logging truck he was driving struck one of Morrison's cows in the roadway. Because the trial court correctly found that Morrison had introduced sufficient evidence showing that he was not negligent in the maintenance of his livestock and Thomas came forward with no evidence to the contrary, we affirm.
This case arose when Thomas's truck struck a 750-pound cow belonging to Morrison on the road in front of the pasture where Morrison kept his cows. Morrison said that he had separated the cows from their calves the day before and the cow must have gotten out looking for her calf. Morrison said he walked almost the whole perimeter of his fenced-in pasture the morning after the accident and later that afternoon rode around the entire perimeter in his truck. He said that he was unable to determine where the cow got out. Morrison and his son both checked the fences regularly, but there was no "system" for doing so. Morrison said that "in going about the farm we always look at the fences," but he could not state when the fences were last checked.
Morrison said the only other time one of his cows escaped was ten years ago and the cow was in a different pasture. He said it was never discovered how that cow got out, either.
The pasture fence along the road where the cow was struck was four feet high and made of hogwire with two strands of barbed wire on top. Morrison testified that he had seen a 750-pound cow jump that type of fence.
The only evidence submitted by Thomas in opposition to Morrison's motion for summary judgment was the affidavit of a veterinarian who was also a farmer and owner of cows. The veterinarian stated that "it is my opinion that a cow weighing 750 pounds would not be able to jump the five foot high barbed wire fencing without leaving some indication as to where it made its exit."
In ruling on Morrison's motion for summary judgment, the trial court noted that after Morrison introduced evidence that his fences and gates were in good repair and there were no gates open or fences down after the accident, Thomas failed to...
To continue reading
Request your trial
-
Faulkner v. Crumbley
...closed at the time of the accident and the plaintiff failed to present any evidence to challenge these claims); Thomas v. Morrison , 256 Ga. App. 127, 128, 567 S.E.2d 692 (2002) (summary judgment proper where the defendant presented evidence that the fence was in good repair and that the ga......
-
Harris v. State
... ... Cherry, 226 Ga.App. 750, 753(1)(b), 487 S.E.2d 354 (1997) ... 6. Morrison v. State, 272 Ga. 129, 130(3), 526 S.E.2d 336 (2000) ... 7. Braswell v. State, ... Saleem v. State, 169 Ga.App. 952, 954(2), 315 S.E.2d 487 (1984) ... 14. Thomas v. State, 274 Ga. 156, 159(2), 549 S.E.2d 359 (2001) ... 15. Sharpe v. State, 272 ... ...
-
West v. West, A09A0981.
...405 S.E.2d 474 (1991). 5. Taylor v. Thompkins, 242 Ga.App. 789, 531 S.E.2d 360 (2000). 6. (Punctuation omitted.) Thomas v. Morrison, 256 Ga.App. 127, 128, 567 S.E.2d 692 (2002). 7. We are unable to consider the affidavit of Todd West's son, which was attached as an exhibit to Todd West's br......