Lastinger v. Waites

Full title: LASTINGER v. WAITES et al

Court: Court of Appeals of Georgia

Date published: Jan 13, 1984

316 S.E.2d 39 (Ga. Ct. App. 1984)

316 S.E.2d 39

Opinion

67409.

DECIDED JANUARY 13, 1984. REHEARING DENIED FEBRUARY 7, 1984.

Wrongful death. Tift Superior Court. Before Judge Crosby.

Ralph F. Simpson, for appellant. J. Harvey Davis, Glenn Whitley, for appellees.

BIRDSONG, Judge.

The issue raised by this appeal is essentially identical to that in our recent decision in Hyde v. Klar, 168 Ga. App. 64, ( 308 S.E.2d 190), and is controlled thereby. Accordingly, the judgment of the trial court in refusing to dismiss the estate of the deceased driver of the deceased plaintiff's vehicle, as impleaded third party defendant, is affirmed.

Judgment affirmed. McMurray, C. J., and Shulman, P. J., concur.

DECIDED JANUARY 13, 1984 — REHEARING DENIED FEBRUARY 7, 1984 — CERT. APPLIED FOR.