Garrison v. Hutton

Banke, Judge.

In this appeal we are called upon to decide whether a 5-week-old infant can suffer a "disability” as that term is used in the Georgia Motor Vehicle Accident Reparations Act. Code Ann. § 56-3410b et seq. (Ga. L. 1974, pp. 113-124). The appellant, the infant child, brought suit against the appellee to recover damages for personal injuries received in an automobile accident. The appellee moved for summary judgment alleging that the child had sustained no "serious injury” and thus that there could be no recovery under the terms of the Act. The trial court agreed and granted the…