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LINDSEY v. CRESCENT PARK, INC.

52166.

139 Ga. App. 5 (1976)

228 S.E.2d 6

LINDSEY et al. v. CRESCENT PARK, INC.

Court of Appeals of Georgia.

Decided May 20, 1976.

Rehearing Denied June 11, 1976.

Attorney(s) appearing for the Case

Neely, Freeman & Hawkins, Andrew M. Scherffius, for appellants.

Richardson, Chenggis & Constantinides, Thomas H. Knuth, for appellee.

WEBB, Judge.

1. "On summary judgment the burden was on the defendants, as movants, to pierce the allegations of the compliant and to establish that as a matter of law the plaintiff could not recover. [Cit.]" If they failed to do so, even though on the trial the plaintiff might not be able to recover, summary judgment would not be proper. [Cit.]" Johnson v. Tucker, 129 Ga.App. 648, 650 (200 S.E.2d 489

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