Legal Opinion
Whatley v. Sharma
Court of Appeals of Georgia
Decided April 3, 2008No. A08A0825PublishedCited by 3 opinions
1Opinion of the Court
BLACKBURN, Presiding Judge.
In this civil action for damages caused by the felling of a tree, defendant/homeowner Melvin Whatley appeals (by permission) the denial of his motion for summary judgment as to the claims of his neighbors Atul and Parveen Sharma, onto whose property Whatley’s tree fell. Whatley argues that he engaged an independent contractor to fell the tree, over whose actions he had no control. We agree and therefore reverse.
Summary judgment is proper only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56…
2Cases cited10 opinions
- Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
- Peachtree-Cain Co. v. McBeeSupreme Court of Georgia · 1985
- Slater v. Canal Wood Corp.Court of Appeals of Georgia · 1986
- Kirkland v. TamplinCourt of Appeals of Georgia · 2007
- Sloan v. Hobbs Sporting Goods ShopCourt of Appeals of Georgia · 1978
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3Cited by3 opinions
- Jones v. City of WillacoocheeCourt of Appeals of Georgia · 2009
- Herring v. HarveyCourt of Appeals of Georgia · 2009
- CAJUN CONTRACTORS, INC. v. PEACHTREE PROPERTY SUB, LLC D/B/A CROWNE PLAZA HOTEL ATLANTA-MIDTOWNCourt of Appeals of Georgia · 2021