Morgan v. Horton

Ellington, Chief Judge.

E. Hilton Morgan appeals from the denial of his motion for summary judgment on this wrongful death claim, 1 which arose when smoke from a prescribed burn on Morgan’s property combined with fog and significantly reduced the visibility on a nearby highway, allegedly causing or contributing to an accident which resulted in the death of a motorist, Ronnie Horton, Sr. Because we find that the undisputed evidence demonstrates as a matter of law that Morgan was entitled to the protections from liability provided by OCGA § 12-6-148, we reverse the trial court’s order and remand…