Miller v. United States

1 Citing case

  1. Price v. Star Service Petroleum Corp.

    119 Ga. App. 171 (Ga. Ct. App. 1969)   Cited 36 times
    In Price v. Star Service c. Corp., 119 Ga. App. 171 (3) (166 S.E.2d 593) this court held that the lower court did not err in refusing to permit the calling of a witness for oral examination at the hearing of a motion for summary judgment.

    The self-serving declaration rule is based upon the hearsay rule, and this was not hearsay. Cf. Atlanta Life Ins. Co. v. Thompson, 43 Ga. App. 331 ( 158 S.E. 775). In Miller v. United States (S. D. Ga.), 144 F. Supp. 734, plaintiff had been injured by a government vehicle operated by one of its military personnel and sued the United States under the Federal Tort Claims Act. The government moved for summary judgment, attaching a certified copy of the operator's court-martial trial at which he had entered a plea of guilty to the charge of having wrongfully appropriated the vehicle to his own use. Plaintiff contended that the plea of guilty by the operator was a self-serving declaration and that a summary judgment should not be entered in favor of his employer, the United States, based thereon.