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Albert Newsomev.Link America Express, Inc. et al.

CourtCourt of Appeals of Georgia
Docket No.A15A2010
DecidedMarch 16, 2016
Reporter303 Ga. App. 403
JudgesCourt of Appeals of Georgia
Tags
CivilTort LawNegligencePremises LiabilitySummary JudgmentCausationReversalDissent
Case Summary

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.

Opinion

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