MacGrath v. Hoffman

Been, Chief Judge.

Barbara MacGrath, individually and as administratrix of the estate of her fifteen year old daughter, brings this appeal from the grant of summary judgment in favor of Barbara Gainey Hoffman, executrix of the estate of Jiles Thomas Gainey, contending that the facts were sufficient to submit the question of wilful and wanton negligence to a jury in order to avoid application of the family immunity doctrine as provided in Wright v. Wright, 85 Ga. App. 721 (70 SE2d 152) (1952).

The record shows that Sonja Ellen Gainey was killed in an automobile accident when an automobile driven…