John Hewell Trucking Co., Inc. v. Brock

McMurray, Presiding Judge.

Plaintiff-appellant John Hewell Trucking Company, Inc. (“Hewell Trucking”) brought this action to recover for property damage sustained when one of its trucks collided with a cow owned by defendant-appellee Johnny Brock on a public road in Hall County. Brock’s cow evidently strayed from a fenced and gated pasture which comprised a part of Brock’s 400-acre farm. Hewell Trucking appeals from the trial court’s grant of Brock’s motion for summary judgment. Held:

To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine…