Georgia Court of Appeals, 1967

Dykes v. Hammock

Georgia Court of Appeals · Decided September 8, 1967 · Quillian

116 Ga. App. 390; 157 S.E.2d 525; 1967 Ga. App. LEXIS 827

Cases that cite this one

2 later published cases cite this decision.

Chandler v. Gately (Ga. Ct. App. 1969)
Chambers v. Citizens & Southern National Bank (Ga. 1978)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Quillian, Judge.

The plaintiff sought damages for expenses and loss of consortium resulting from injuries received by his wife when she fell down in defendant’s car lot. On motion for summary judgment filed by the defendant, the plaintiff’s cross affidavit stated that “while walking through said lot plaintiff’s wife stepped on a chain left on the ground which rolled and caused her to fall and sustain the injuries complained of.” However, on deposition he testified that he was not looking and did not see what caused the fall. The plaintiff’s wife, by deposition, testified: “Something rolled under my foot is what throwed me.” There was no testimony that she actually stepped on the chain causing her to fall. Held:

These cases are controlled by the decision rendered in Dykes v. Hammock, 116 Ga. App. 389, ante.

Judgment affirmed in Case No. 42897; cross appeal dismissed.

Jordan, P. J., and Deen, J., concur. John P. Nixon, for appellant. Martin, Snow, Grant & Napier, Hendley V. Napier, for appellee.

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