Fulmer v. Burtz

Court of Appeals of Georgia

Fulmer v. Burtz

170 S.E.2d 869, 120 Ga. App. 439, 1969 Ga. App. LEXIS 808

CourtCourt of Appeals of Georgia

DecidedSeptember 10, 1969

Docket44655, 44656

StatusPublished

This text of 170 S.E.2d 869 (Fulmer v. Burtz) 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.

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Fulmer v. Burtz, 170 S.E.2d 869, 120 Ga. App. 439, 1969 Ga. App. LEXIS 808 (Ga. Ct. App. 1969).

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Opinion

Eberhardt, Judge.

Our ruling in Mulligan v. Blackwood, 115 Ga. App. 618 (155 SE2d 680), where the facts were strikingly similar to those here, requires affirmance of the denial of defendant’s motions for summary judgment. Under the facts presented we think questions raised as to whether Mr. Burtz assumed the risk in assisting with the moving of a heavy stereo set, whether his injury resulted solely from his own negligence, and whether defendant was in the exercise of ordinary care, are factual ones which only the jury can resolve.

Judgments affirmed.

Bell, C. J., and Deen, J., concur.

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Eberhardt, Judge.

Our ruling in Mulligan v. Blackwood, 115 Ga. App. 618 (155 SE2d 680), where the facts were strikingly similar to those here, requires affirmance of the denial of defendant’s motions for summary judgment. Under the facts presented we think questions raised as to whether Mr. Burtz assumed the risk in assisting with the moving of a heavy stereo set, whether his injury resulted solely from his own negligence, and whether defendant was in the exercise of ordinary care, are factual ones which only the jury can resolve.

Judgments affirmed.

Bell, C. J., and Deen, J., concur.

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170 S.E.2d 869, 120 Ga. App. 439, 1969 Ga. App. LEXIS 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fulmer-v-burtz-gactapp-1969.

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