Eidson v. Reagin

Court of Appeals of Georgia

Eidson v. Reagin

247 S.E.2d 486, 146 Ga. App. 814, 1978 Ga. App. LEXIS 2541

CourtCourt of Appeals of Georgia

DecidedApril 19, 1978

Docket55734

StatusPublished

Cited by4 cases

This text of 247 S.E.2d 486 (Eidson v. Reagin) 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

Eidson v. Reagin, 247 S.E.2d 486, 146 Ga. App. 814, 1978 Ga. App. LEXIS 2541 (Ga. Ct. App. 1978).

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Opinion

Smith, Judge.

This case, in which Eidson appeals from the granting of a partial summary judgment to Reagin, comes to us from the granting of an interlocutory appeal. We reverse.

Frances Eidson was a passenger in an automobile owned and operated by Ruby Collins, her sister. The *815 Collins’ automobile was struck in the side by an automobile owned and operated by Reagin. Eidson filed a complaint against Reagin for damages as a result of the collision. Collins was not covered by "no fault” insurance as required by the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113 et seq.). Reagin filed motion for partial summary judgment against Eidson upon the ground that, as a matter of law, she could not recover any damages for which the Georgia Motor Vehicle Accident Reparations Act required insurance benefits to be available without regard to fault.

Argued April 4, 1978 Decided April 19, 1978 Rehearing denied July 25, 1978 Horton J. Greene, for appellant. Dennis, Corry, Webb, Carlock & Williams, Thomas S. Carlock, for appellee.

This case is controlled by Jenkins v. Vaughn, 146 Ga. App. 801 (1978), in which this court held that the failure of an automobile owner to maintain the insurance coverage required by the Act does not bar a passenger from recovering to the extent of her rights under tort law.

Judgment reversed.

Deen, P. J., and Banke, J., concur.

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Smith, Judge.

This case, in which Eidson appeals from the granting of a partial summary judgment to Reagin, comes to us from the granting of an interlocutory appeal. We reverse.

Frances Eidson was a passenger in an automobile owned and operated by Ruby Collins, her sister. The *815 Collins’ automobile was struck in the side by an automobile owned and operated by Reagin. Eidson filed a complaint against Reagin for damages as a result of the collision. Collins was not covered by "no fault” insurance as required by the Georgia Motor Vehicle Accident Reparations Act (Ga. L. 1974, p. 113 et seq.). Reagin filed motion for partial summary judgment against Eidson upon the ground that, as a matter of law, she could not recover any damages for which the Georgia Motor Vehicle Accident Reparations Act required insurance benefits to be available without regard to fault.

Argued April 4, 1978 Decided April 19, 1978 Rehearing denied July 25, 1978 Horton J. Greene, for appellant. Dennis, Corry, Webb, Carlock & Williams, Thomas S. Carlock, for appellee.

This case is controlled by Jenkins v. Vaughn, 146 Ga. App. 801 (1978), in which this court held that the failure of an automobile owner to maintain the insurance coverage required by the Act does not bar a passenger from recovering to the extent of her rights under tort law.

Judgment reversed.

Deen, P. J., and Banke, J., concur.

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247 S.E.2d 486, 146 Ga. App. 814, 1978 Ga. App. LEXIS 2541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eidson-v-reagin-gactapp-1978.

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