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Lawskills.com Georgia Caselaw
HOLBROOK WATERPROOFING COMPANY v. CLEAVER.
49017.
BELL, Chief Judge.
Action for damages. Clayton Superior Court. Before Judge Banke.
An automobile driver had the right to assume that others driving vehicles will observe the rules prescribed by law governing the operation of vehicles. McDaniel v. Gossett, 115 Ga. App. 604, 605 (155 SE2d 457). The record reveals that plaintiff was free of any negligence. She was already in the intersection when she saw the defendant's truck approaching. The only way she could have avoided this collision and defendant's negligence was to have not been present at the scene. The pleadings and the evidence contained in the deposition show the absence of a genuine issue of fact as to defendant's liability. Thus it was proper for the trial court to grant summary judgment as to defendant's liability.
Reeves & Collier, Rex T. Reeves, R. John Boemanns, for appellee.
George L. Pope, Jr., Wm. Lewis Spearman, David V. Crosby, for appellant.
ARGUED FEBRUARY 4, 1974 -- DECIDED MAY 8, 1974 -- REHEARING DENIED MAY 30, 1974 -- CERT. APPLIED FOR.
Wednesday December 3 02:15 CST


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