Legal Opinion
Kennedy v. Friedman
Court of Appeals of Georgia
Decided November 17, 1970No. 45734PublishedCited by 5 opinions
1Opinion of the Court
Hall, Presiding Judge.
For the doctrine of res ipsa to be applicable it is necessary to show that the accident was of a kind not ordinarily occurring in the absence of someone’s negligence; that it was caused by an instrumentality within the control of the defendant; and that no action of the plaintiff contributed to it. Chenall v. Palmer Brick Co., 117 Ga. 106 (43 SE 443); Richmond County Hospital Authority v. Haynes, 121 Ga. App. 537 (174 SE2d 364).
The word "control” is misleading in cases like the one sub judice. "There is now quite general agreement that the fact that the plaintiff . . .…
2Cases cited10 opinions
- Chenall v. Palmer Brick Co.Supreme Court of Georgia · 1903
- Payne v. Rome Coca-Cola Bottling Co.Court of Appeals of Georgia · 1912
- Macon Coca-Cola Bottling Co. v. CraneCourt of Appeals of Georgia · 1937
- MacOn Coca-Cola Bottling Co. v. ChanceySupreme Court of Georgia · 1960
- Parker v. DaileySupreme Court of Georgia · 1970
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Fender v. Colonial Stores, Inc.Court of Appeals of Georgia · 1976
- Atlanta Coca-Cola Bottling Co. v. ErgleCourt of Appeals of Georgia · 1973
- Friedman v. KennedySupreme Court of Georgia · 1971
- Friedman v. KennedySupreme Court of Georgia · 1971
- Kennedy v. FriedmanCourt of Appeals of Georgia · 1971