Potts v. Fidelity Fruit & Produce Company, Inc.

Banke, Judge.

The appellant sued to recover for personal injuries which he allegedly sustained when he was bitten by a spider while unloading bananas from a truck. The incident occurred during the course of his employment with Colonial Stores. The defendants are the local distributor of the bananas, Fidelity Fruit and Produce Co., Inc., and the transporter, Refrigerated Transport Co., Inc. Liability was originally predicated both on ordinary negligence and negligence per se under the Georgia Food Act, former Code Ann. §§ 42-301 et seq. (OCGA §§ 26-2-20 et seq.). However, the appellant has…