Olsen v. Maddox

Court of Appeals of Georgia

Olsen v. Maddox

174 S.E.2d 479, 121 Ga. App. 566, 1970 Ga. App. LEXIS 1282

CourtCourt of Appeals of Georgia

DecidedMarch 12, 1970

Docket45045

StatusPublished

This text of 174 S.E.2d 479 (Olsen v. Maddox) 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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Olsen v. Maddox, 174 S.E.2d 479, 121 Ga. App. 566, 1970 Ga. App. LEXIS 1282 (Ga. Ct. App. 1970).

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Opinion

Bell, Chief Judge.

In this action for wrongful death based on negligence against the estate of Worth B. Perry, the trial court denied defendant’s motion for summary judgment. The only evidence submitted in support of the motion is the deposition of plaintiff in which he testified that he did not remember the collision in which his wife, who was a passenger in his car, was killed. In opposition, there is evidence from which a jury might conclude that Perry was the driver of an automobile which negligently collided with plaintiff’s car, causing his wife’s death. Consequently, defendant has not carried his burden of proof by unequivocally refuting the allegations of fact contained in plaintiff’s complaint. Central of Ga. R. Co. v. Hawes, 120 Ga. App. 4 (169 SE2d 356).

Judgment affirmed.

Quillian and Whitman, JJ., concur. Harvey, Rhodes & Willard, E. C. Harvey, Jr., for appellant. Lynwood A. Maddox, Daniel C. B. Levy, for appellees.

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Bell, Chief Judge.

In this action for wrongful death based on negligence against the estate of Worth B. Perry, the trial court denied defendant’s motion for summary judgment. The only evidence submitted in support of the motion is the deposition of plaintiff in which he testified that he did not remember the collision in which his wife, who was a passenger in his car, was killed. In opposition, there is evidence from which a jury might conclude that Perry was the driver of an automobile which negligently collided with plaintiff’s car, causing his wife’s death. Consequently, defendant has not carried his burden of proof by unequivocally refuting the allegations of fact contained in plaintiff’s complaint. Central of Ga. R. Co. v. Hawes, 120 Ga. App. 4 (169 SE2d 356).

Judgment affirmed.

Quillian and Whitman, JJ., concur. Harvey, Rhodes & Willard, E. C. Harvey, Jr., for appellant. Lynwood A. Maddox, Daniel C. B. Levy, for appellees.

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174 S.E.2d 479, 121 Ga. App. 566, 1970 Ga. App. LEXIS 1282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/olsen-v-maddox-gactapp-1970.

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