Cotton v. Toole

Benham, Judge.

Appellant Larry Cotton was injured in an automobile collision involving appellees’ decedent, John Toole. Cotton and his wife filed suit against appellees James Toole and First National Bank of Atlanta, the executors of the will of John Toole, and against appellee Captain’s Roost Seafood Restaurant, Inc., the owner of the automobile the decedent was driving at the time of the collision. This appeal is from the grant of summary judgment to appellee Captain’s Roost Seafood Restaurant.

Appellants’ complaint against Captain’s Roost was couched in terms of respondeat superior and…