Georgia Court of Appeals, 1976

Lindsey v. Crescent Park, Inc.

Lindsey v. Crescent Park, Inc.
Georgia Court of Appeals · Decided May 20, 1976 · Webb, Deen, Quillian
228 S.E.2d 6; 139 Ga. App. 5; 1976 Ga. App. LEXIS 1651 (South Eastern Reporter, Second Series)

Lindsey v. Crescent Park, Inc.

Opinion

Webb, Judge.

1. "On summary judgment the burden was on the defendants, as movants, to pierce the allegations of the complaint and to establish that as a matter of law the plaintiff could not recover. [Cit.]” If they failed to do so, even though on the trial the plaintiff might not be able to recover, summary judgment would not be proper. [Cit.]” Johnson v. Tucker, 129 Ga. App. 648, 650 (200 SE2d 489).

2. There were genuine issues of material fact as to whether a wad of bubble gum on the floor of the skating rink caused plaintiff s fall and, if so, how long the gum had been on the floor.

Judgment reversed.

Deen, P. J., and Quillian, J., concur.

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