Gardner v. Balliet

Court of Appeals of Georgia

Gardner v. Balliet

174 S.E.2d 360, 121 Ga. App. 487, 1970 Ga. App. LEXIS 1261

CourtCourt of Appeals of Georgia

DecidedFebruary 4, 1970

Docket44765, 44766

StatusPublished

Cited by1 cases

This text of 174 S.E.2d 360 (Gardner v. Balliet) 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

Gardner v. Balliet, 174 S.E.2d 360, 121 Ga. App. 487, 1970 Ga. App. LEXIS 1261 (Ga. Ct. App. 1970).

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Opinions

Hall, Judge.

This is an appeal and a cross appeal from orders denying a summary judgment for both the plaintiff and the defendant. The trial judge certified that both orders should be subject to review. A passenger sued the owner-driver, alleging gross negligence, after the car hit a telephone pole. Both parties had been drinking beer over a period of several hours, but both denied intoxication. There being a genuine issue on the material facts as to negligence, including the related issues of assumption of risk, lack of ordinary care for one’s own safety and comparative negligence, the trial court did not err in denying both motions for summary judgment. Stukes v. Trowell, 119 Ga. App. 651 (168 SE2d 616), certiorari denied 119 Ga. App. 890; Trussell v. Lawrence, 120 Ga. App. 39 (169 SE2d 611).

Judgment affirmed.

Jordan, P. J., concurs. Whitman, J., concurs specially.

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Hall, Judge.

This is an appeal and a cross appeal from orders denying a summary judgment for both the plaintiff and the defendant. The trial judge certified that both orders should be subject to review. A passenger sued the owner-driver, alleging gross negligence, after the car hit a telephone pole. Both parties had been drinking beer over a period of several hours, but both denied intoxication. There being a genuine issue on the material facts as to negligence, including the related issues of assumption of risk, lack of ordinary care for one’s own safety and comparative negligence, the trial court did not err in denying both motions for summary judgment. Stukes v. Trowell, 119 Ga. App. 651 (168 SE2d 616), certiorari denied 119 Ga. App. 890; Trussell v. Lawrence, 120 Ga. App. 39 (169 SE2d 611).

Judgment affirmed.

Jordan, P. J., concurs. Whitman, J., concurs specially.

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Bluebook (online)

174 S.E.2d 360, 121 Ga. App. 487, 1970 Ga. App. LEXIS 1261, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-balliet-gactapp-1970.

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