Bloodworth v. Smith

Stolz, Judge.

Smith sued G. A. Bloodworth, Sr. (Bloodworth) and Cherokee Products Co. (Cherokee), a partnership composed of Bloodworth, his mother and brother, for personal injuries sustained when a tear gas pen gun went off in Smith’s hand. The trial judge sustained defendant Cherokee’s motion for summary judgment and dismissed the case as to the partnership, but overruled defendant Bloodworth’s individual motion for summary judgment. Bloodworth obtained a certificate of immediate review pursuant to Code Ann. § 81A-156 (h) (Ga. L. 1966, pp. 609, 660; 1967, pp. 226, 238).

The evidence in…