COLUMBIA DRUG CO. v. COOK

47505.

127 Ga. App. 490 (1972)

194 S.E.2d 286

COLUMBIA DRUG COMPANY v. COOK.

Court of Appeals of Georgia.

Decided November 1, 1972.


Attorney(s) appearing for the Case

Bouhan, Williams & Levy, Frank W. Seiler, Edwin D. Robb, Jr., for appellant.

Cook, Pleger & Noell, J. Vincent Cook, for appellee.


CLARK, Judge.

This appeal is from denial of a summary judgment motion made by a defendant employer whose truck hit a pedestrian who died from her injuries. Defendant's motion was based upon the company vehicle being used at the time for the employee's personal purposes and not within the scope of employment.

At the date of the filing of such motion defendant relied in part upon a deposition of the employee which had been taken at a time when employee was not...

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