Legal Opinion

DeKalb County v. Gibson

Court of Appeals of Georgia

Decided June 15, 1978No. 55809PublishedCited by 5 opinions

1Opinion of the Court

Bell, Chief Judge.

Plaintiff brought this suit to recover damages for wrongful death arising from the drowning of her son which occurred while he was swimming at a park facility owned and operated by defendant, DeKalb County. Plaintiff alleged nuisance and negligence in the maintenance of the pool, and later amended her complaint to include an action as third-party beneficiary to a contract allegedly created when her son paid an admission fee for use of the pool. Defendant answered, denying the material allegations and raising the defenses of failure to state a claim for relief and sovereign…

2Cases cited4 opinions

  1. Town of Fort Oglethorpe v. PhillipsSupreme Court of Georgia · 1968
  2. Stallings v. ChanceSupreme Court of Georgia · 1977
  3. Hancock County v. WilliamsSupreme Court of Georgia · 1973
  4. Williams v. Georgia Power Co.Supreme Court of Georgia · 1975

3Cited by5 opinions

  1. CSX Transportation, Inc., National Raliroad Passenger Corp. v. The City of Garden City, Arco, Inc.Court of Appeals for the Eleventh Circuit · 2003
  2. Allstate Insurance Co. v. RenshawCourt of Appeals of Georgia · 1979
  3. Globe Life & Accident Insurance v. MappCourt of Appeals of Georgia · 1978
  4. CSX Transp., Inc. v. City of Garden City, GeorgiaDistrict Court, S.D. Georgia · 2002
  5. Csx Transportation, Inc., National Railroad Passenger Corporation, Plaintiffs-Cross-Defendants-Appellants v. The City of Garden City, Defendant-Third-Party v. Arco Inc., Third-Party Defendant-Cross-Claimant-AppelleeCourt of Appeals for the Third Circuit · 2003

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