CAIN v. VONTZ

No. 82-8245.

703 F.2d 1279 (1983)

Carolyn CAIN, Mother of Mary C. Cain, Deceased, Plaintiff-Appellant, Cross-Appellee, v. Frederick K. VONTZ, d/b/a the Springs Apartments of Macon, Georgia, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

April 25, 1983.


Attorney(s) appearing for the Case

Westmorelan, Patterson & Moseley, Stewart R. Brown, Raymond M. Kelley, Macon, Ga., for plaintiff-appellant, cross-appellee.

Jones, Cork, Miller & Benton, Rufus D. Sams, III, Wallace Miller, III, Macon, Ga., for defendant-appellee, cross-appellant.

Before FAY and VANCE, Circuit Judges, and ALLGOOD, District Judge.


ALLGOOD, District Judge:

The appellant, cross-appellee, Carolyn Cain, appeals the district court's order granting the motion for summary judgment in this wrongful death suit. The appellee, cross-appellant, Frederick Vontz, appeals the denial of his motion to dismiss the complaint on the ground that Carolyn Cain did not have a cause of action under the Georgia Wrongful Death Statute in effect on the date of her daughter's death.

On October 24, 1980, Carolyn...

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