Georgia Power Company v. Kendricks

Full title: GEORGIA POWER COMPANY v. KENDRICKS et al

Court: Court of Appeals of Georgia

Date published: Jan 22, 1968

159 S.E.2d 303 (Ga. Ct. App. 1968)

117 Ga. App. 129

Opinion

43311.

SUBMITTED JANUARY 10, 1968.

DECIDED JANUARY 22, 1968.

Action for damages. Pembroke City Court. Before Judge Drexel.

Anderson Sanders, Cohen Anderson, for appellant.

John R. Harvey, Allen Edenfield, Richardson, Doremus Karsman, for appellees.

HALL, Judge.

This was a suit for personal injuries allegedly sustained by the plaintiff as a result of negligence of the individual defendant, an employee of the corporate defendant, when driving a truck within the scope of his employment. The trial court erred in denying the corporate defendant's motion for summary judgment based upon the affidavit of the individual defendant that at the time of the collision he was not acting as an agent, servant, or employee of the Georgia Power Company but was driving the truck to a store to purchase drugs for his personal use, when the plaintiff presented no opposing evidence. Brawner v. Martin Jones Produce Co., 116 Ga. App. 324 ( 157 S.E.2d 514).

Judgment reversed. Bell, P. J., and Quillian, J., concur.

SUBMITTED JANUARY 10, 1968 — DECIDED JANUARY 22, 1968.