Vaughn v. McDaniel

Court of Appeals of Georgia

Vaughn v. McDaniel

163 S.E.2d 844, 118 Ga. App. 408, 1968 Ga. App. LEXIS 1413

CourtCourt of Appeals of Georgia

DecidedSeptember 16, 1968

Docket43924

StatusPublished

Cited by3 cases

This text of 163 S.E.2d 844 (Vaughn v. McDaniel) 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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Vaughn v. McDaniel, 163 S.E.2d 844, 118 Ga. App. 408, 1968 Ga. App. LEXIS 1413 (Ga. Ct. App. 1968).

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Opinion

Hall, Judge.

The plaintiff appeals from a judgment sustaining a motion to dismiss her complaint. The complaint alleged that while the plaintiff was employed as a waitress in the defendants’ restaurant the employees had taken up an unattached throw rug because of the danger, the employer replaced the rug, the plaintiff fell on the rug and was injured and damaged because of the defendants’ negligence in failing to provide a safe place to walk and to warn the plaintiff of the obvious danger on the floor, and in replacing the rug.

The defendant relies on Coe v. Hewett, 97 Ga. App. 625 (104 SE2d 129); and Harrell v. Mayfield, 117 Ga. App. 194 (160 SE2d 213). These cases are inapposite for the reason they *409 were decided under the old rule of pleading when it was necessary to allege a cause of action rather than a mere claim for relief and when the pleadings were construed against rather than for the pleader. See Martin v. Approved Bancredit Corp., 224 Ga. 550, 551; Byrd v. Ford Motor Co., 118 Ga. App. 333 (163 SE2d 327), and the authorities cited therein.

Submitted September 6, 1968 Decided September 16, 1968 Rehearing denied September 30, 1968 John N. Crudup, for appellant. Palmour & Palmour, James E. Palmour, III, Greer, Sartain & Carey, Joe B. Sartain, Jr., for appellees.

The trial court erred in sustaining the motion to dismiss.

Judgment reversed.

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

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Hall, Judge.

The plaintiff appeals from a judgment sustaining a motion to dismiss her complaint. The complaint alleged that while the plaintiff was employed as a waitress in the defendants’ restaurant the employees had taken up an unattached throw rug because of the danger, the employer replaced the rug, the plaintiff fell on the rug and was injured and damaged because of the defendants’ negligence in failing to provide a safe place to walk and to warn the plaintiff of the obvious danger on the floor, and in replacing the rug.

The defendant relies on Coe v. Hewett, 97 Ga. App. 625 (104 SE2d 129); and Harrell v. Mayfield, 117 Ga. App. 194 (160 SE2d 213). These cases are inapposite for the reason they *409 were decided under the old rule of pleading when it was necessary to allege a cause of action rather than a mere claim for relief and when the pleadings were construed against rather than for the pleader. See Martin v. Approved Bancredit Corp., 224 Ga. 550, 551; Byrd v. Ford Motor Co., 118 Ga. App. 333 (163 SE2d 327), and the authorities cited therein.

Submitted September 6, 1968 Decided September 16, 1968 Rehearing denied September 30, 1968 John N. Crudup, for appellant. Palmour & Palmour, James E. Palmour, III, Greer, Sartain & Carey, Joe B. Sartain, Jr., for appellees.

The trial court erred in sustaining the motion to dismiss.

Judgment reversed.

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

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163 S.E.2d 844, 118 Ga. App. 408, 1968 Ga. App. LEXIS 1413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vaughn-v-mcdaniel-gactapp-1968.

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