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SCHLOTZSKY'S, INC. v. HYDE

Nos. A00A1172-A00A1174.

538 S.E.2d 561 (2000)

245 Ga. App. 888

SCHLOTZSKY'S, INC. v. HYDE et al. Schlotzsky's, Inc. v. Cone. Schlotzsky's, Inc. v. Gunselman.

Court of Appeals of Georgia.

Reconsideration Denied September 14, 2000.

Attorney(s) appearing for the Case

Kilpatrick Stockton, Roderick C. Dennehy, Jr., Craig E. Bertschi, Audra A. Dial, Jill Warner, Atlanta, for appellant.

Cooper & Jones, Lance A. Cooper, Scott B. Cooper, Andrew W. Jones, Marietta, for appellees.

ELLINGTON, Judge.

In these consolidated cases, the appellees allege they contracted Hepatitis A from eating tainted food at a Schlotzsky's Deli franchise owned and operated by Tidwell Food Company, Inc. Both Schlotzsky's, Inc. and the appellees moved for summary judgment on whether Schlotzsky's, as franchisor, was vicariously liable under an actual agency theory for Tidwell Food Company's alleged negligence. The trial court...

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