Legal Opinion
Eckerd-Walton, Inc. v. Adams
Court of Appeals of Georgia
Decided April 19, 1972No. 47061, 47062PublishedCited by 31 opinions
1Opinion of the Court
Deen, Judge.
The petition stated the plaintiff’s claim against Eckerd in general terms, with 21 allegations of negligence relating to faulty construction, maintenance, failure to warn, etc. We cannot say that "the complaint disclose^] with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support,” which is the yardstick for dismissal stated in Harper v. DeFreitas, 117 Ga. App. 236 (1) (160 SE2d 260); Columbus Bank & Trust Co. v. Dempsey, 120 Ga. App. 5 (169 SE2d 349) and other cases. The motion made by Eckerds for dismissal as to it…
2Cases cited12 opinions
- Harper v. DeFreitasCourt of Appeals of Georgia · 1968
- Georgia Railway & Electric Co. v. HarrisCourt of Appeals of Georgia · 1907
- Whitaker v. Jones, McDougald, Smith, Pew Co.Court of Appeals of Georgia · 1943
- Peggy Ann of Georgia Inc. v. ScogginsCourt of Appeals of Georgia · 1952
- Feldman v. Whipkey's Drug ShopCourt of Appeals of Georgia · 1970
7 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Church's Fried Chicken, Inc. v. LewisCourt of Appeals of Georgia · 1979
- Gilson v. MitchellCourt of Appeals of Georgia · 1974
- Winn-Dixie Stores, Inc. v. HardyCourt of Appeals of Georgia · 1976
- Bryant v. ColvinCourt of Appeals of Georgia · 1981
- Rodriguez v. Del Sol Shopping Center Associates, L.P.New Mexico Supreme Court · 2014
26 more not listed; retrieve them via the Exa API.