Danner v. Freeman

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

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 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.