Fisher v. Pirtle

Full title: FISHER, by Next Friend v. PIRTLE et al

Court: Court of Appeals of Georgia

Date published: Apr 17, 1969

167 S.E.2d 613 (Ga. Ct. App. 1969)

167 S.E.2d 613

Opinion

44358.

ARGUED APRIL 9, 1969.

DECIDED APRIL 17, 1969.

Action for damages. DeKalb Superior Court. Before Judge Morgan.

Walter V. Beasley, for appellant.

Eugene G. Partain, Richard H. Vincent, Powell, Goldstein, Frazer Murphy, Jack M. McLaughlin, for appellees.

BELL, Presiding Judge.

At the hearing on the motion for summary judgment it was shown by the admission of third parties defendant and by application against the plaintiff of the holding in Moore v. Hanson, 224 Ga. 482 (1) ( 162 S.E.2d 429) that the plaintiff in this personal injury suit had previously executed a covenant not to sue which fell within the provisions of Code Ann. § 56-408.1 (Ga. L. 1963, p. 643). See Aetna Casualty Co. v. Brooks, 106 Ga. App. 427 ( 127 S.E.2d 183), reversed by 218 Ga. 593 ( 129 S.E.2d 798), but revived by Ga. L. 1963, p. 643. Accordingly, this case is controlled adversely to the plaintiff appellant by Jackson v. Kight, 117 Ga. App. 385 ( 160 S.E.2d 668) and Fillingame v. Cook, 119 Ga. App. 140 ( 166 S.E.2d 440).

Judgment affirmed. Eberhardt and Deen, JJ., concur.

ARGUED APRIL 9, 1969 — DECIDED APRIL 17, 1969.