SHOEMAKER v. ALDMOR MANAGEMENT

38505.

249 Ga. 430 (1982)

291 S.E.2d 549

SHOEMAKER v. ALDMOR MANAGEMENT, INC. et al.

Supreme Court of Georgia.

Decided May 26, 1982.


Attorney(s) appearing for the Case

Michael S. Bender, V. C. Baker, for appellant.

Kinney, Kemp, Pickell, Avrett & Sponcler, F. Gregory Melton, Mitchell, Mitchell, Coppedge, Boyett, Wester & Bates, J. Raymond Bates, Jr., for appellees.


MARSHALL, Justice.

The appellant, Shoemaker, fell into a water meter box located on the premises of the Burger Inn Restaurant in Dalton, Georgia. He filed suit, naming as defendants: appellee Aldmor Management, Inc., which owns and manages the Burger Inn, and appellee City of Dalton. The City of Dalton filed a motion to dismiss or in the alternative motion for summary judgment, arguing that the plaintiff had not given the city notice of this claim as required by Code...

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