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KENNEDY v. FRIEDMAN

45734.

123 Ga. App. 105 (1970)

179 S.E.2d 566

KENNEDY et al. v. FRIEDMAN.

Court of Appeals of Georgia.

Decided November 17, 1970.

Rehearing Denied December 9, 1970.

Attorney(s) appearing for the Case

Fulcher, Fulcher, Hagler, Harper & Reed, E. D. Fulcher, for appellants.

Congdon & Williams, W. Barry Williams, for appellee.

HALL, Presiding Judge.

For the doctrine of res ipsa to be applicable it is necessary to show that the accident was of a kind not ordinarily occurring in the absence of someone's negligence; that it was caused by an instrumentality within the control of the defendant; and that no action of the plaintiff contributed to it. Chenall v. Palmer Brick Co., 117 Ga. 106 (43 SE 443); Richmond County Hospital Authority v. Haynes, 121 Ga.App. 537...

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