Legal Opinion
Lockhart v. Walker
Court of Appeals of Georgia
Decided July 13, 1971No. 46369PublishedCited by 11 opinions
1Opinion of the Court
Deen, Judge.
"Questions of negligence, diligence and contributory negligence are not ordinarily susceptible of adjudication on summary judgment. Brown v. Iocovozzi, 117 Ga. App. 693, 695 (161 SE2d 385). The burden of showing the absence of a genuine issue of any material fact rests on the party moving for summary judgment; no duty devolves upon the opposing party to produce rebuttal evidence unless the movant first makes a prima facie showing of right to a summary judgment. Shadix v. Dowdney, 117 Ga. App. 720 (162 SE2d 245). Central of Ga. R. Co. v. Hawes, 120 Ga. App. 4 (169 SE2d 356).”…
2Cases cited5 opinions
- Watkins v. Nationwide Mutual Fire InsuranceCourt of Appeals of Georgia · 1966
- Shadix v. DowdneyCourt of Appeals of Georgia · 1968
- Central of Georgia Railway Company v. HawesCourt of Appeals of Georgia · 1969
- Brown v. IocovozziCourt of Appeals of Georgia · 1968
- Massey v. Hilton Heights Park, Inc.Court of Appeals of Georgia · 1970
3Cited by11 opinions
- Hodges v. YoumansCourt of Appeals of Georgia · 1973
- Allen & Bean, Inc. v. American Bankers Insurance Co. of FloridaCourt of Appeals of Georgia · 1980
- Pique v. LeeCourt of Appeals of Georgia · 1995
- Kay Enterprises, Inc. v. Shawmac, Inc.Court of Appeals of Georgia · 1971
- BBB SERVICE CO., INC. v. GlassCourt of Appeals of Georgia · 1997
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