Shoemaker v. Aldmor Management, Inc.
Supreme Court of Georgia
1Opinion of the Court
Marshall, Justice.
The appellant, Shoemaker, fell into a water meter box located on the premises of the Burger Inn Restaurant in Dalton, Georgia. He filed suit, naming as defendants: appellee Aldmor Management, Inc., which owns and manages the Burger Inn, and appellee City of Dalton. The City of Dalton filed a motion to dismiss or in the alternative motion for summary judgment, arguing that the plaintiff had not given the city notice of this claim as required by Code § 69-308 (Ga. L. 1899, p. 74; 1953, Nov. Sess., p. 338; 1956, pp. 183, 184.) The trial court granted the city’s motion. The…
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