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BILLS v. LOWERY

No. A07A0127.

648 S.E.2d 779 (2007)

BILLS v. LOWERY et al.

Court of Appeals of Georgia.

July 5, 2007.

Attorney(s) appearing for the Case

Harris, Penn & Lowry, Darren Wade Penn, Atlanta, for Appellant.

Downey & Cleveland, George Lee Welborn, and Min Jung Koo, for Appellee.

MILLER, Judge.

Carol M. Bills, as the widow of David J. Mesicek and as the administratrix of his estate, brought the instant wrongful death action against James L. Lowery, individually, and James L. Lowery d/b/a Molly B. Tire Service (collectively "Lowery"). The trial court granted summary judgment in favor of Lowery, and Bills filed this appeal. Finding that genuine issues of material fact exist on the issues of negligence, proximate cause, and assumption of the...

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