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SMITH v. COMMERCIAL TRANSP., INC.

Nos. A95A2057, A95A2058.

470 S.E.2d 446 (1996)

220 Ga. App. 866

SMITH et al. v. COMMERCIAL TRANSPORTATION, INC. et al. AMERICAN CASUALTY OF READING, PENNSYLVANIA v. SMITH et al.

Court of Appeals of Georgia.

Reconsiderations Denied March 28, 1996.

Certiorari Denied May 31, 1996.

Attorney(s) appearing for the Case

Gambrell & Stolz, Irwin W. Stolz, Jr., Charles N. Bowen, Seaton D. Purdom, Atlanta, O'Neal, Brown & Sizemore, Manley F. Brown, John C. Clark, Macon, for Smith.

Michael J. Bowers, Attorney General, George P. Shingler, Deputy Attorney General, Atlanta, Blasingame, Burch, Garrard, Bryant & Ashley, J. Ralph Beaird, Andrew J. Hill III, Milton F. Eisenberg II, Athens, Hicks, Casey, Young & Barber, William T. Casey, Jr., Carl B. Nagle, Marietta, for Commercial Transportation, Inc.

Webb, Carlock, Copeland, Semler & Stair, Douglas W. Smith, David D. Cookson, Atlanta, for American Casualty of Reading, Pennsylvania.

POPE, Presiding Judge.

At 4:30 one morning, defendant Michal Szaflarski was driving a tractor-trailer full of produce on I-75. As a result of his negligence, the tractor-trailer overturned, blocking all three lanes of northbound traffic.1 Defendant Commercial Transportation, Inc. ("CTI") was Szaflarski's employer, and defendant American Casualty was CTI's insurer. Almost six hours after the Szaflarski accident, the tractor-trailer still...

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