Butler v. McCleskey

Birdsong, Presiding Judge.

Allen Butler appeals from a defendant’s verdict in his suit for injuries received when Butler’s motorcycle hit a tree which he alleges burned and fell across the highway because of Samuel McCleskey’s negligent burning of a field. The trial court granted a directed verdict on the issue of negligence per se in McCleskey’s failure to notify forestry agents of his intent to burn land as required by OCGA § 12-6-90. After two forest rangers testified, the trial court concluded there was no evidence that McCleskey’s failure to notify the forestry agents had a causal…