Baxley v. Hakiel Industries, Inc.
This text of 651 S.E.2d 366 (Baxley v. Hakiel Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In Baxley v. Hakiel Indus., 280 Ga. App. 94 (633 SE2d 360) (2006), we affirmed the trial court’s grant of summary judgment on the ground that no material issue of fact remained concerning the defendant bar owners’ constructive knowledge that the driver who injured Baxley would soon be driving. In Baxley v. Hakiel Indus., 282 Ga. 312 (647 SE2d 29) (2007), the Supreme Court of Georgia reversed our decision as to Hakiel Industries, Inc. d/b/a Brewsters, on the ground that a rebuttable presumption of spoliation arose from Brewster’s failure to preserve videotape of the driver’s time there. Id. at 313. We therefore vacate that portion of our opinion affirming the grant of summary judgment to Brewsters and adopt the Supreme Court’s opinion as our own.
Judgment affirmed in part and reversed in part.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
651 S.E.2d 366, 287 Ga. App. 259, 2007 Fulton County D. Rep. 2694, 2007 Ga. App. LEXIS 934, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baxley-v-hakiel-industries-inc-gactapp-2007.