Lipham v. Federated Department Stores, Inc.

Full title: LIPHAM v. FEDERATED DEPARTMENT STORES, INC

Court: Court of Appeals of Georgia

Date published: Apr 1, 1994

444 S.E.2d 417 (Ga. Ct. App. 1994)

212 Ga. App. 814

Opinion

A92A1906.

DECIDED APRIL 1, 1994.

Action for damages, Fulton State Court. Before Judge Carnes.

John M. Hyatt, for appellant.

Drew, Eckl Farnham, W. Wray Eckl, Elizabeth Helm, for appellee.

BIRDSONG, Presiding Judge.

The Supreme Court of Georgia reversed the holding of this court in Lipham v. Federated Dept. Stores, 208 Ga. App. 385 ( 430 S.E.2d 590), which case affirmed the judgment of the trial court granting summary judgment to appellee Federated Department Stores, Inc., and concluded that the grant of summary judgment was improper, as to whether Rich's employee Heal acted with ordinary care was a question for jury resolution. Therefore, this must be reversed and remanded for compliance with the holding of the Supreme Court.

Judgment reversed and remanded with direction. Pope, C. J., McMurray, P. J., Beasley, P. J., Cooper, Andrews, Johnson, Blackburn and Smith, JJ., concur.

DECIDED APRIL 1, 1994.