Legal Opinion

Kappa Sigma International Fraternity v. Tootle

Court of Appeals of Georgia

Decided June 27, 1996No. A96A0229PublishedCited by 26 opinions

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…

2Cases cited4 opinions

  1. Lau's Corp., Inc. v. HaskinsSupreme Court of Georgia · 1991
  2. Riley v. H & H OPERATIONSSupreme Court of Georgia · 1993
  3. Viau v. Fred Dean, Inc.Court of Appeals of Georgia · 1992
  4. McElroy v. CodyCourt of Appeals of Georgia · 1993

3Cited by26 opinions

  1. Wegleitner v. SattlerSouth Dakota Supreme Court · 1998
  2. Delta Airlines, Inc. v. TownsendSupreme Court of Georgia · 2005
  3. Birnbrey, Minsk & Minsk, LLC v. YirgaCourt of Appeals of Georgia · 2000
  4. Lowery's Tavern, Inc. v. DudukovichCourt of Appeals of Georgia · 1998
  5. B-T Two, Inc. v. BennettCourt of Appeals of Georgia · 2011

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