Mitzner v. Hyman

I concur in the judgment only of the reversal of the grant of summary judgment against appellant. I dissent to the majority’s failure to grant summary judgment for the appellant against appellee, Gold Bazaar. Appellant’s delivery of her ring to appellees and appellees’ acceptance of the ring as alleged in Count 1 of her verified petition constituted a bailment. See OCGA § 44-12-40; Davidson v. Ramsby, 133 Ga. App. 128, 131 (5) (210 SE2d 245) (1974). No disclaimer or abandonment by appellant of her negligent bailment theory of recovery is shown by the record. As bailees, appellees were under a…