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J. C. PENNEY CO. v. SPIVEY

A94A1172, A94A1173.

215 Ga. App. 680 (1994)

J. C. PENNEY COMPANY v. SPIVEY. DUBLIN MALL, INC. et al. v. SPIVEY.

Court of Appeals of Georgia.

Reconsideration Denied December 19, 1994.

Attorney(s) appearing for the Case

Anderson, Walker & Reichert, Robert A. B. Reichert, Chambless, Higdon & Carson, Joseph H. Davis, Mary M. Katz, for appellants.

Lovett & Hicks, William E. Hicks, Frederick V. Massey, for appellee.

ANDREWS, Judge.

Martha Spivey sued Dublin Mall, Inc. and McKnight Properties, Inc., owners of Dublin Shopping Mall, and J. C. Penney Company, a tenant of the mall, for damages arising from her assault at the mall. We granted applications for interlocutory review to consider whether the retailer and the mall owner are entitled to summary judgment.

Viewed in favor of the non-movant, Eiberger v. West, 247 Ga. 767 (1) (

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