McBroom v. Zevallos

Deen, Presiding Judge.

1. The burden is on the defendant in its motion for summary judgment to affirmatively negative plaintiff s claim and show plaintiff is not entitled to recover under any theory of the case and this by evidence, which demands a finding to that effect.” First of Ga. Ins. Co. v. Josey, 129 Ga. App. 14 (3a) (198 SE2d 381) (1973). The respondent is never required to rebut the motion until the movant has carried the burden of no material issue. Ginn v. Morgan, 225 Ga. 192, 194 (167 SE2d 393) (1969). For this purpose, bare legal conclusions in affidavits, etc., create no issue…