KOUTRAS v. LAZARUS

45349.

122 Ga. App. 870 (1970)

179 S.E.2d 106

KOUTRAS, by Next Friend v. LAZARUS et al.

Court of Appeals of Georgia.

Decided October 26, 1970.

Rehearing Denied November 19, 1970.


Attorney(s) appearing for the Case

Haas, Holland, Freeman, Levison & Gibert, Richard N. Hubert, for appellant.

Candler, Cox, McLain & Andrews, Arthur Gregory, for appellees.


HALL, Presiding Judge.

The plaintiff contends that Lazarus by virtue of his co-ownership of the jeep owed her a duty not to maintain it in a defective condition. We disagree. The law of Georgia is plain and unambiguous in holding that: "To allow any recovery" based upon mere ownership of an automobile "would deprive the defendant of property without due process of law, would authorize a recovery without liability, and would compel payment without fault." Frankel...

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