Legal Opinion · Dissent

Browning-Ferris Industries of Georgia, Inc. v. Pitts

Court of Appeals of Georgia

Decided July 8, 1999No. A99A0443Published

1DissentAndrews, Presiding Judge

Because I do not believe any alleged negligent act of Browning-Ferris Industries (BFI) was the legal causation of the accident in which Pitts was injured, I must respectfully dissent.

The only allegation of a negligent act against Browning-Ferris was that its employees “failed to place the refuse containers out of the roadway.”

*28In addition to the facts set out by the majority, the following facts, viewed with all inferences in favor of Pitts, the opponent of the motion for directed verdict, are important to consideration of this matter. BFI picked up refuse for residents of the City of Canton…

2Cases cited4 opinions

  1. Baughcum v. Cecil Key Paving, Inc.Court of Appeals of Georgia · 1989
  2. Mann v. AndersonCourt of Appeals of Georgia · 1992
  3. Bonard v. LOWE'S HOME CENTERS, INC.Court of Appeals of Georgia · 1996
  4. Brogdon v. Wal-Mart Stores, Inc.Court of Appeals of Georgia · 1998

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