City of Social Circle v. Sims

Judge Harold R. Banke.

In this interlocutory appeal, the City of Social Circle (“the City”) appeals the denial of its motion for summary judgment. The City enumerates three errors.

To prevail on summary judgment, defendants who will not bear the burden of proof at trial may point out by reference to the record that there is no evidence, viewed in the light most favorable to the non-movant, sufficient to create a genuine jury question on at least one essential element of plaintiff’s case. Butler v. Gwinnett County, 223 Ga. App. 703 (479 SE2d 11) (1996). Viewed in that light, the record shows…