Lindsey v. Crescent Park, Inc.

Court of Appeals of Georgia

Lindsey v. Crescent Park, Inc.

228 S.E.2d 6, 139 Ga. App. 5, 1976 Ga. App. LEXIS 1651

CourtCourt of Appeals of Georgia

DecidedMay 20, 1976

Docket52166

StatusPublished

Cited by4 cases

This text of 228 S.E.2d 6 (Lindsey v. Crescent Park, Inc.) 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

Lindsey v. Crescent Park, Inc., 228 S.E.2d 6, 139 Ga. App. 5, 1976 Ga. App. LEXIS 1651 (Ga. Ct. App. 1976).

Pincite

Opinion

Webb, Judge.

1. "On summary judgment the burden was on the defendants, as movants, to pierce the allegations of the complaint and to establish that as a matter of law the plaintiff could not recover. [Cit.]” If they failed to do so, even though on the trial the plaintiff might not be able to recover, summary judgment would not be proper. [Cit.]” Johnson v. Tucker, 129 Ga. App. 648, 650 (200 SE2d 489).

2. There were genuine issues of material fact as to whether a wad of bubble gum on the floor of the skating rink caused plaintiff s fall and, if so, how long the gum had been on the floor.

Judgment reversed.

Deen, P. J., and Quillian, J., concur.

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