Johns v. Marlow

Because I agree with the trial court’s conclusion that Marlow was entitled to summary judgment because nothing but guesses and speculation were posited by plaintiff Johns in opposition to Marlow’s motion for summary judgment, I respectfully dissent.

To obtain summary judgment, a defendant need not produce any evidence but must only point to an absence of evidence supporting at least one essential element of the plaintiff’s claim. Lau’s Corp. v. Haskins, 261 Ga. 491 (405 SE2d 474) (1991).

Where the inference of negligence allowed by the fact that Bones was in the road when struck by Johns is…