Gordy Construction Co. v. Stewart

Because I believe the plaintiffs below failed to carry their evidentiary burden in opposing summary judgment to Gordy, Allen Kane’s Major Dodge v. Barnes, 243 Ga. 776 (257 SE2d 186) (1979), and further that IBM v. Bozardt, 156 Ga. App. 794 (275 SE2d 376) (1980), should be overruled, I must respectfully dissent.

All parties below, in supporting and opposing Gordy’s motion for summary judgment, relied solely on the deposition of Strack, Gordy’s employee. That deposition reflects that Strack, who resided with his wife in Eufaula, Alabama, was employed as a foreman of a work crew which installed…