MATTHEWS v. NORTH COBB TIRE CO.

44529. 44530.

120 Ga. App. 269 (1969)

170 S.E.2d 57

MATTHEWS v. NORTH COBB TIRE COMPANY et al. PEARSON v. NORTH COBB TIRE COMPANY et al.

Court of Appeals of Georgia.

Decided September 4, 1969.


Attorney(s) appearing for the Case

Reuben M. Word, Aubrey G. Duffy, for appellants.

Howe & Murphy, Donald B. Howe, Jr., Long, Weinberg & Ansley, Palmer H. Ansley, Charles M. Goetz, Jr., for appellees.


QUILLIAN, Judge.

As has been pointed out in many previous decisions of this court, the burden of showing the absence of a genuine issue of any material fact rests on the party moving for summary judgment. In fact, no duty devolves upon the opposing party to produce rebuttal evidence until a prima facie showing for a summary judgment is made by the movant. In order to pierce the allegations of a complaint, the evidence offered by the movant must unequivocally refute...

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