Legal Opinion

Heath v. Rush

Court of Appeals of Georgia

Decided February 26, 2003No. A02A1742PublishedCited by 8 opinions

1Opinion of the Court

Adams, Judge.

Rebecca Heath contends the trial court should not have granted summary judgment against her on her tort claim arising out of an automobile collision because the collision pushed her car over 100 feet, suggesting that James Rush was driving too fast under the circumstances. But because Heath has not presented admissible evidence regarding how far her car was pushed or a valid opinion regarding the speed of Rush’s truck, summary judgment was proper.

In response to Rush’s motion for summary judgment, Heath submitted an affidavit describing the collision as follows:

On or about August…

2Cases cited3 opinions

  1. Brown v. AmersonCourt of Appeals of Georgia · 1996
  2. Fouts v. Builders Transport, Inc.Court of Appeals of Georgia · 1996
  3. Erickson v. HodgesCourt of Appeals of Georgia · 2002

3Cited by8 opinions

  1. Kennestone Hospital, Inc. v. HarrisCourt of Appeals of Georgia · 2007
  2. McKissick v. GirouxCourt of Appeals of Georgia · 2005
  3. Hudson v. SwainCourt of Appeals of Georgia · 2006
  4. Willingham v. HudsonCourt of Appeals of Georgia · 2005
  5. SAXON v. STARR INDEMNITY & LIABILITY COMPANY Et Al.Court of Appeals of Georgia · 2016

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