Legal Opinion · Dissent

Reese v. Georgia Power Co.

Court of Appeals of Georgia

Decided March 17, 1989No. 77815Published

1DissentMcMurray, Presiding Judge

Although I agree with the first two divisions of the majority opinion, I must respectfully dissent as to Division 3 as I find a genuine *134issue of material fact remains as to whether Standley was acting within the scope of his employment at the time of the collision.

“ ‘A presumption arises when an employee is operating his employer’s automobile at the time of a collision, that he was acting within the scope of his employment. Allen Kane’s Major Dodge v. Barnes, 243 Ga. 776 (257 SE2d 186) (1979); Johnstown Fin. Corp. v. Roper, 170 Ga. App. 575 (317 SE2d 634) (1984); Massey v. Henderson, 138 Ga.…

2Cases cited10 opinions

  1. Allen Kane's Major Dodge, Inc. v. BarnesSupreme Court of Georgia · 1979
  2. North v. Toco Hills, Inc.Court of Appeals of Georgia · 1981
  3. Massey v. HendersonCourt of Appeals of Georgia · 1976
  4. Georgia Power Co. v. MozingoCourt of Appeals of Georgia · 1974
  5. Johnstown Financial Corp. v. RoperCourt of Appeals of Georgia · 1984

5 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API