Wisenbaker v. Zeigler

Full title: WISENBAKER v. ZEIGLER

Court: Court of Appeals of Georgia

Date published: Oct 21, 1976

230 S.E.2d 97 (Ga. Ct. App. 1976)

140 Ga. App. 90

Opinion

52880.

ARGUED OCTOBER 5, 1976.

DECIDED OCTOBER 21, 1976.

Action for damages. Lowndes Superior Court. Before Judge Horkan.

Barham Bennett, Edward Barham, for appellant.

Blackburn Bright, Converse Bright, for appellee.

SMITH, Judge.

This case is an action by a mother against the administrator with the will annexed of the estate of the father seeking recovery for the death of their son caused by the gross negligence of the father, which action alleged the existence of sufficient liability insurance to pay the judgment sought. Summary judgment was rendered in favor of the defendant in the court below. Held:

This case is controlled by the decision of this court in Eschen v. Roney, 127 Ga. App. 719 ( 194 S.E.2d 589), adversely to the contentions of appellant, irrespective of the allegation as to insurance. The judgment of the trial judge, in accordance therewith, is affirmed.

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

ARGUED OCTOBER 5, 1976 — DECIDED OCTOBER 21, 1976.