GARDNER v. BALLIET

44765, 44766.

121 Ga. App. 487 (1970)

174 S.E.2d 360

GARDNER v. BALLIET; and vice versa.

Court of Appeals of Georgia.

Decided February 4, 1970.

Rehearing Denied March 26, 1970.


Attorney(s) appearing for the Case

Fulcher, Fulcher, Hagler, Harper & Reed, J. Walker Harper. for appellant.

Harris, Chance & McCracken, O. Torbitt Ivey, Jr., for appellee.


HALL, Judge.

This is an appeal and a cross appeal from orders denying a summary judgment for both the plaintiff and the defendant. The trial judge certified that both orders should be subject to review. A passenger sued the owner-driver, alleging gross negligence, after the car hit a telephone pole. Both parties had been drinking beer over a period of several hours, but both denied intoxication. There being a genuine issue on the material facts as to negligence, including...

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