ECKERD-WALTON, INC. v. ADAMS

47061, 47062.

126 Ga. App. 210 (1972)

190 S.E.2d 490

ECKERD-WALTON, INC. v. ADAMS et al. McCONNELL v. ADAMS et al.

Court of Appeals of Georgia.

Decided April 19, 1972.

Rehearing Denied May 4, 1972.


Attorney(s) appearing for the Case

Fulcher, Hagler, Harper & Reed, William C. Reed, for Eckerd-Walton.

Congdon & Williams, W. Barry Williams, Burnside, Dye & Miller, A. Rowland Dye, for McConnell.

Nicholson & Fleming, Bobby G. Beazley, John Fleming, for appellees.


DEEN, Judge.

1. The petition stated the plaintiff's claim against Eckerd in general terms, with 21 allegations of negligence relating to faulty construction, maintenance, failure to warn, etc. We cannot say that "the complaint disclose[s] with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support," which is the yardstick for dismissal stated in Harper v. DeFreitas, 117 Ga.App...

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