Danner v. Freeman

Court of Appeals of Georgia

Danner v. Freeman

174 S.E.2d 194, 121 Ga. App. 393, 1970 Ga. App. LEXIS 1234

CourtCourt of Appeals of Georgia

DecidedMarch 3, 1970

Docket45071, 45072

StatusPublished

Cited by4 cases

This text of 174 S.E.2d 194 (Danner v. Freeman) 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

Danner v. Freeman, 174 S.E.2d 194, 121 Ga. App. 393, 1970 Ga. App. LEXIS 1234 (Ga. Ct. App. 1970).

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Opinion

Evans, Judge.

1. Where there is conflicting testimony as to the authorization of a third party to drive a motor vehicle, used for the comfort and convenience of a minor child who was riding in the vehicle at the time of the collision and having custody and control thereof, summary judgment should not be granted in favor of the defendant in a suit for damages *394 against said owner. The lower court erred in granting summary judgment. Cohen v. Whiteman, 75 Ga. App. 286 (43 SE2d 184); Myrick v. Sievers, 104 Ga. App. 95 (121 SE2d 185); State Farm Mut. Auto. Ins. Co. v. Williamson, 331 F2d 517; Strickland v. Moore, 113 Ga. App. 209 (147 SE2d 682); Pritchett v. Williams, 115 Ga. App. 8 (153 SE2d 639).

Submitted February 4, 1970 Decided March 3, 1970 Rehearing denied March 16, 1970 Walton Hardin, for appellant. Fulcher, Fulcher, Hagler, Harper & Peed, J. Walker Harper, Ben Boss, Wilbur A. Orr, for appellees.

2. Based on the same evidence, the court was not authorized to declare there was no liability on the owner and that the insurer had no obligation under his contract to defend the suit.

Judgment reversed.

Hall, P. J., and Deen, J., concur.

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Evans, Judge.

1. Where there is conflicting testimony as to the authorization of a third party to drive a motor vehicle, used for the comfort and convenience of a minor child who was riding in the vehicle at the time of the collision and having custody and control thereof, summary judgment should not be granted in favor of the defendant in a suit for damages *394 against said owner. The lower court erred in granting summary judgment. Cohen v. Whiteman, 75 Ga. App. 286 (43 SE2d 184); Myrick v. Sievers, 104 Ga. App. 95 (121 SE2d 185); State Farm Mut. Auto. Ins. Co. v. Williamson, 331 F2d 517; Strickland v. Moore, 113 Ga. App. 209 (147 SE2d 682); Pritchett v. Williams, 115 Ga. App. 8 (153 SE2d 639).

Submitted February 4, 1970 Decided March 3, 1970 Rehearing denied March 16, 1970 Walton Hardin, for appellant. Fulcher, Fulcher, Hagler, Harper & Peed, J. Walker Harper, Ben Boss, Wilbur A. Orr, for appellees.

2. Based on the same evidence, the court was not authorized to declare there was no liability on the owner and that the insurer had no obligation under his contract to defend the suit.

Judgment reversed.

Hall, P. J., and Deen, J., concur.

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Bluebook (online)

174 S.E.2d 194, 121 Ga. App. 393, 1970 Ga. App. LEXIS 1234, Counsel Stack Legal Research, https://law.counselstack.com/opinion/danner-v-freeman-gactapp-1970.

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