O'Pry v. Goodman

Eberhardt, Presiding Judge.

The plaintiff (O’Pry) and the third party defendant (Minyard) appeal from a denial of their motions for summary judgment as to the defendant’s counterclaim and cross claim, respectively.

The pleadings, depositions, and affidavits of the parties reveal the following facts: On August 23, 1968, Minyard was traveling west on Ellis Road, a two-lane, twenty-foot wide state-aid roadway, three miles west of Griffin, Georgia, when his car stalled requiring him to stop. He parked the disabled vehicle on the right shoulder of the road and called for his uncle, O’Pry, to come…