Legal Opinion · Dissent

Group Resources, Inc. v. City of Waycross

Court of Appeals of Georgia

Decided March 8, 2018No. A17A1699Published

1DissentMcFadden, Presiding Judge

I respectfully disagree with the majority decision to affirm the grant of summary judgment to the City Defendants. Contrary to the majority's interpretation of the contractual indemnification provision, that provision requires a showing of willful misconduct or fraud by Group Resources in order for the City Defendants to avoid their contractual obligation to indemnify. Because the City Defendants have failed to show the absence of any genuine issues of material fact as to the alleged willful misconduct or fraud of Group Resources, summary judgment in the defendants favor was not authorized.…

2Cases cited7 opinions

  1. Cowart v. WidenerSupreme Court of Georgia · 2010
  2. Read v. BenedictCourt of Appeals of Georgia · 1991
  3. Clive v. GregoryCourt of Appeals of Georgia · 2006
  4. Hibbard v. McMillanCourt of Appeals of Georgia · 2007
  5. Smith v. LottCourt of Appeals of Georgia · 2012

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