Hartley v. MacOn Bacon Tune, Inc.

While appellants’ case, if tried before a jury, would probably result in a defendant’s verdict, that is not the standard for a grant of summary judgment. Plaintiffs are constitutionally entitled to have their case decided by a jury rather than by the trial court and by this Court. Ga. Const. of 1983, Art. I, Sec. I, Par. XI (a); OCGA § 9-11-56; Summer-Minter & Assoc. v. Giordano, 231 Ga. 601 (203 SE2d 173) (1974); Ginn v. Morgan, 225 Ga. 192 (167 SE2d 393) (1969); Butterworth v. Pettitt, 223 Ga. 355 (155 SE2d 20) (1967). Because appellee failed in its burden of proof on summary judgment,…