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LOCKHART v. WALKER

46369.

124 Ga. App. 241 (1971)

183 S.E.2d 503

LOCKHART v. WALKER.

Court of Appeals of Georgia.

Decided July 13, 1971.

Attorney(s) appearing for the Case

Troutman, Sams, Schroder & Lockerman, Robert C. Pennington, Michael C. Murphy, for appellant.

Atkins & Atkins, Dorothy D. Atkins, for appellee.

DEEN, Judge.

"Questions of negligence, diligence and contributory negligence are not ordinarily susceptible of adjudication on summary judgment. Brown v. Iocovozzi, 117 Ga.App. 693, 695 (161 S.E.2d 385). `The burden of showing the absence of a genuine issue of any material fact rests on the party moving for summary judgment; no duty devolves upon the opposing party to produce rebuttal...

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