Cooper Tire & Rubber Co. v. Merritt

Because Merritt presented evidence to the jury that supported the material questions of fact, I respectfully dissent from the majority opinion.

Merritt submitted two theories of liability to the jury, premises liability under OCGA § 51-3-1, and general contractor liability under OCGA § 51-2-5 (4) for violating an express statutory duty. The jury found for Merritt on both claims, and Cooper Tire appealed the trial court’s denial of its motions for directed verdict and new trial. Cooper Tire also enumerated other errors, including the trial court’s denial of his motion for continuance.

Merritt…