Harris v. Stucki

157 S.E.2d 507, 116 Ga. App. 371, 1967 Ga. App. LEXIS 819

Opinions

Eberhardt, Judge.

A summary judgment should be granted only when there is no genuine issue as to any material fact for submission to a jury. Holland v. Sanfax Corp., 106 Ga. App. 1 (126 SE2d 442); Dillard v. Brannan, 217 Ga. 179 (121 SE2d 768); Code Ann. § 110-1203. In making the determination of whether there is a genuine issue as to a material fact the evidence is to be construed in favor of the opposing party. McCarty v. National Life &c. Ins. Co., 107 Ga. App. 178 (129 SE2d 408). Under Code Ann. § 68-1656 (a) it becomes very material whether plaintiff stepped backward across the dividing line into the eastbound lane of traffic. There is a conflict as to this in the evidence submitted, and hence a jury issue. Denial of plaintiff’s motion was proper, but the grant of defendant’s motion was error.

Judgment affirmed in fart; reversed in fart.

Felton, C. J., and Hall, J., concur.