lawskills
Google
search the Web search LawSkills.com
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
BRAMBLETT v. HANSEL-SCALES, INC. et al.
A91A0155.
CARLEY, Judge.
Action for damages. Fulton Superior Court. Before Judge Sears-Collins.
Seeking to recover for injuries sustained in a fall down a stairway, appellant-plaintiff brought suit against appellee-defendants. Appellees answered and, after discovery, moved for summary judgment. The trial court granted summary judgment in appellees' favor after eliminating from its consideration the most favorable portions of appellant's testimony regarding the cause of her fall. See Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27 (343 SE2d 680) (1986). Appellant appeals from that order.
1. The first issue for resolution is whether the trial court was correct in eliminating the favorable portions of appellant's testimony pursuant to Prophecy Corp. v. Charles Rossignol, Inc., supra.
2. The existence of a carpet-covered obstacle was otherwise shown by direct evidence and the circumstantial evidence would authorize a finding that it was the cause of appellant's fall. Thus, construing the evidence most favorably for appellant and most strongly against appellees, a genuine issue of material fact remains. Compare Zellers v. Theater of the Stars, 171 Ga. App. 406 (319 SE2d 553) (1984). It follows, therefore, that the trial court erred in granting summary judgment in favor of appellees.
Neely & Player, Leigh M. Wilco, Julie A. Taylor, Julianna Kauderer, Powell, Goldstein, Frazer & Murphy, William V. Custer IV, David G. Ross, for appellees.
Rowe & McGarity, J. Michael McGarity, for appellant.
DECIDED JULY 15, 1991 -- DENIED JULY 30, 1991 -- CERT. APPLIED FOR.
Thursday January 8 20:37 CST


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com