Albert Newsomev.Link America Express, Inc. et al.
Albert Newsome sued LinkAmerica Express and its driver after his vehicle struck a bobtail tractor parked on a residential street. The trial court granted summary judgment for the defendants, but the Court of Appeals of Georgia reversed as to ordinary negligence. The majority held that a jury could decide whether the tractor was negligently positioned and whether that negligence contributed to the collision. The court declined to resolve the competing factual inferences at summary judgment. A dissent would have affirmed, reasoning that Newsome’s own conduct—driving hundreds of feet while blinded by sunlight—established a failure to exercise ordinary care and defeated recovery.
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