Kappa Sigma International Fraternity v. Tootle
Court of Appeals of Georgia
1Opinion of the Court
Ruffin, Judge.
Sonya Tootle sued the Kappa Sigma International Fraternity and its local chapter (collectively “the Fraternity”) for the alleged wrongful death of Ernest Tootle, who was killed in an automobile accident with Clinton Fair. Fair was intoxicated at the time of the accident, and Tootle alleged that under OCGA § 51-1-40 (b) the Fraternity proximately caused the accident because it furnished Fair with alcoholic beverages. The Fraternity appeals from the trial court’s denial of its motion for summary judgment. We reverse.
*891“[A]t summary judgment a party who will not bear the burden of…
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