Caudle v. Whiddon

Court of Appeals of Georgia

Caudle v. Whiddon

189 S.E.2d 875, 126 Ga. App. 21, 1972 Ga. App. LEXIS 1030

CourtCourt of Appeals of Georgia

DecidedApril 3, 1972

Docket46977

StatusPublished

Cited by1 cases

This text of 189 S.E.2d 875 (Caudle v. Whiddon) 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.

Bluebook

Caudle v. Whiddon, 189 S.E.2d 875, 126 Ga. App. 21, 1972 Ga. App. LEXIS 1030 (Ga. Ct. App. 1972).

Pincite

Opinion

Hall, Presiding Judge.

In an action for damages to a water supply from a leaking underground gasoline pipeline, [22]*22the defendant service station owners appeal from the grant of summary judgment to the third-party defendant, the subcontractor who installed the line.

Submitted March 1, 1972— Decided April 3, 1972. Young, Young & Ellerbee, 0. Wayne Ellerbee, for appellants. Coleman, Blackburn, Kitchens & Bright, J. Converse Bright, for appellees.

The court erred in granting the summary judgment. There are issues of material fact as to, among other things, the cause of the leak; whose negligence, if any, was responsible for it; and whose duty it was to cover the pipes, regardless of who actually did it.

That the third-party defendant may not be liable to the defendant for all of the damages alleged, does not preclude the use of third-party practice. Code Ann. §81A-114 specifically provides for partial liability. Apportioning the damages would be for the jury.

Judgment reversed.

Pannell and Quillian, JJ., concur.

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