Legal Opinion · Dissent

Robinson v. Pollard

Court of Appeals of Georgia

Decided January 30, 1974No. 48618Published

1DissentEvans, Judge

The majority opinion holds there was nothing for a jury to pass upon in this case, and affirms the trial court in granting a summary judgment for the defendant.

This is a case of first impression in Georgia. The facts are that Pollard, defendant, employed Bowden, as truck-driver. Bowden had a propensity for drinking alcoholic beverages to excess, particularly on weekends, which was well known by his employer. Nevertheless, on a Saturday morning Bowden was entrusted with the keys to a large Mack truck owned by defendant. Bowden warmed the truck up at 7:00 a.m., preparatory to driving the truck…

2Cases cited35 opinions

  1. Ney v. Yellow Cab Co.Illinois Supreme Court · 1954
  2. Richards v. StanleyCalifornia Supreme Court · 1954
  3. Ross v. HartmanCourt of Appeals for the D.C. Circuit · 1943
  4. Hergenrether v. EastCalifornia Supreme Court · 1964
  5. Galbraith v. LevinMassachusetts Supreme Judicial Court · 1948

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