Mayor c. of Savannah v. Palmerio

Full title: MAYOR c. OF SAVANNAH v. PALMERIO et al

Court: Court of Appeals of Georgia

Date published: Nov 2, 1973

202 S.E.2d 677 (Ga. Ct. App. 1973)

202 S.E.2d 677

Opinion

48659.

ARGUED OCTOBER 3, 1973.

DECIDED NOVEMBER 2, 1973. REHEARING DENIED NOVEMBER 16, 1973.

Action for damages. Chatham State Court. Before Judge Hester.

James B. Blackburn, Eugene McCracken, for appellant.

Hamilton, James, Merkle Young, John R. Young, John Wright Jones, for appellees.

HALL, Presiding Judge.

This is an appeal by the city with a certificate from the denial of its motion for summary judgment in a suit filed against it for damages suffered in an automobile collision. Giving plaintiff the benefit of all favorable inferences from the record, we find there are genuine issues of material fact, and therefore the trial judge did not err in denying the motion for summary judgment.

Judgment affirmed. Evans and Clark, JJ., Concur.

HALL, Presiding Judge.

ARGUED OCTOBER 3, 1973 — DECIDED NOVEMBER 2, 1973 — REHEARING DENIED NOVEMBER 16, 1973.