Georgia Court of Appeals, 1969

Fisher v. Pirtle

Georgia Court of Appeals · Decided April 17, 1969 · Bell, Eberhardt, Deen

167 S.E.2d 613; 119 Ga. App. 556; 1969 Ga. App. LEXIS 1160 (South Eastern Reporter, Second Series)

Opinion

Bell, Presiding Judge.

At the hearing on the motion for summary judgment it was shown by the admission of third parties defendant and by application against the plaintiff of the holding in Moore v. Hanson, 224 Ga. 482 (1) (162 SE2d 429) that the plaintiff in this personal injury suit had previ *557 ously executed a covenant not to sue which fell within the provisions of Code Ann. § 56-408.1 (Ga. L. 1963, p. 643). See Aetna Casualty Co. v. Brooks, 106 Ga. App. 427 (127 SE2d 183), reversed by 218 Ga. 593 (129 SE2d 798), but revived by Ga. L. 1963, p. 643. Accordingly, this case is controlled adversely to the plaintiff appellant by Jackson v. Kight, 117 Ga. App. 385 (160 SE2d 668) and Fillingame v. Cook, 119 Ga. App. 140 (166 SE2d 440).

Argued April 9, 1969 Decided April 17, 1969. Walter V. Beasley, for appellant. Eugene G. Partain, Richard H. Vincent, Powell, Goldstein, Frazer & Murphy, Jack M. McLaughlin, for appellees.

Judgment affirmed.

Eberhardt and Deen, JJ., concur.

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