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Culbreath v. Livingston

Court of Appeals of Georgia
Apr 8, 1975
215 S.E.2d 285 (Ga. Ct. App. 1975)

Opinion

50339.

SUBMITTED FEBRUARY 25, 1975.

DECIDED APRIL 8, 1975.

Action for damages. Bibb State Court. Before Judge Phillips.

Harris, Watkins, Taylor Davis, Joseph H. Chambless, for appellant.

Jones, Cork, Miller Benton, Wallace Miller, Jr., for appellees.


In this family-purpose-automobile action, the denial of the defendant father's motion for summary judgment was not error. A genuine issue of material fact was raised by the showing that the car was purchased in 1971 by the defendant father and titled in the defendant father's corporation's name in Florida, the defendant's residence, although it was "given" to the defendant son when he was less than 18 years old and in school. The son worked part time for said corporation for 2 years before the collision, but the car was never used for corporation business. The father paid for the first license tag, his corporation for subsequent ones. The son owned the liability insurance policy for the car, but the father paid about one half of the premiums. The son paid for most of the car's maintenance, but the father bought tires for it once. The son lived with his mother, who was separated from his father. The son's support consisted of the part-time job with his father's corporation, an allowance from his father, discretionary support payments from his father to his mother, and his mother's separate income. The defendant son was driving the car on a personal mission at the time of the collision in question. See Baker v. State, 123 Ga. App. 394 (1) ( 181 S.E.2d 288); Hexter v. Burgess, 52 Ga. App. 819 (5) ( 184 S.E. 769); Griffin v. Russell, 144 Ga. 275 ( 87 S.E. 10); Ferguson v. Gurley, 218 Ga. 276 (2) ( 127 S.E.2d 462); Hubert v. Harpe, 181 Ga. 168 ( 182 S.E. 167); and Hirsh v. Andrews, 81 Ga. App. 655, 658 ( 59 S.E.2d 552).

Judgment affirmed. Deen, P. J., and Evans, J., concur.

SUBMITTED FEBRUARY 25, 1975 — DECIDED APRIL 8, 1975.


Summaries of

Culbreath v. Livingston

Court of Appeals of Georgia
Apr 8, 1975
215 S.E.2d 285 (Ga. Ct. App. 1975)
Case details for

Culbreath v. Livingston

Case Details

Full title:CULBREATH v. LIVINGSTON et al

Court:Court of Appeals of Georgia

Date published: Apr 8, 1975

Citations

215 S.E.2d 285 (Ga. Ct. App. 1975)
215 S.E.2d 285

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