Matthews v. North Cobb Tire Co.

Quillian, Judge.

As has been pointed out in many previous decisions of this court, the burden of showing the absence of a genuine issue of any material fact rests on the party moving for summary judgment. In fact, no duty devolves upon the opposing party to produce rebuttal evidence until a prima facie showing for a summary judgment is made by the movant. In order to pierce the allegations of a complaint, the evidence offered by the movant must unequivocally refute the allegations and clearly show the truth of the matter alleged. “It is not sufficient if the evidence merely preponderates…