Georgia Power Company v. Kendricks

Court of Appeals of Georgia

Georgia Power Company v. Kendricks

159 S.E.2d 303, 117 Ga. App. 129, 1968 Ga. App. LEXIS 998

CourtCourt of Appeals of Georgia

DecidedJanuary 22, 1968

Docket43311

StatusPublished

Cited by3 cases

This text of 159 S.E.2d 303 (Georgia Power Company v. Kendricks) 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

Georgia Power Company v. Kendricks, 159 S.E.2d 303, 117 Ga. App. 129, 1968 Ga. App. LEXIS 998 (Ga. Ct. App. 1968).

Pincite

Opinion

Hall, Judge.

This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the individual defendant, an employee of the corporate defendant, when driving a truck within the scope of his employment. The trial court erred in denying the corporate defendant’s motion for summary judgment based upon the affidavit of the individual defendant that at the time of the collision he was not acting as an agent, servant, or employee of the Georgia Power Company but was driving the truck to a store to purchase drugs for his personal use, when the plaintiff presented no opposing evidence. Brawner v. Martin & Jones Produce Co., 116 Ga. App. 324 (157 SE2d 514).

Judgment reversed.

Bell, P. J., and Quillian, J., concur.

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Hall, Judge.

This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the individual defendant, an employee of the corporate defendant, when driving a truck within the scope of his employment. The trial court erred in denying the corporate defendant’s motion for summary judgment based upon the affidavit of the individual defendant that at the time of the collision he was not acting as an agent, servant, or employee of the Georgia Power Company but was driving the truck to a store to purchase drugs for his personal use, when the plaintiff presented no opposing evidence. Brawner v. Martin & Jones Produce Co., 116 Ga. App. 324 (157 SE2d 514).

Judgment reversed.

Bell, P. J., and Quillian, J., concur.

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Bluebook (online)

159 S.E.2d 303, 117 Ga. App. 129, 1968 Ga. App. LEXIS 998, Counsel Stack Legal Research, https://law.counselstack.com/opinion/georgia-power-company-v-kendricks-gactapp-1968.

Opinion

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