Liberty Mutual Insurance v. Stuckey

TEDDER, GEORGE W., Jr., Associate Judge.

Appellant (defendant), Liberty Mutual Insurance Company, appeals a final summary judgment entered in favor of appellee (plaintiff), W. B. Stuckey d/b/a Stuckey Truck Line of Rhine, Georgia. We reverse.

The summary judgment was based on the complaint, the answer and two affidavits submitted on behalf of plaintiff Stuckey. The trial judge found that there was no genuine issue of material fact and that plaintiff Stuckey was entitled to judgment as a matter of law.

The plaintiff Stuckey apparently owned and operated a truck line in Rhine, Georgia. Prior to…