Olympia Services, Inc. v. Sherwin Williams Co.

1. Under the fact pattern of this case and the evidence presented before the trial court, Olympia cannot be found negligent as a matter of law. Whether the defendant, third-party plaintiff, Olympia was negligent in opening its doors for business before repairs were completed is a question of material fact that can only be decided by a reasonable and impartial jury and cannot be determined by the court as a matter of law on summary judgment to be the sole proximate cause of the injury to the plaintiff, since a material issue of fact exists.

OCGA § 51-12-32 codified common law contribution, and…