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Bell, Chief Judge. Plaintiff Walter Bennett brought this suit to recover damages for personal injuries received when he fell while climbing a ladder. It was alleged that the fall was caused by the negligence of the defendant Kuhlke. Subsequently, Kuhlke, as third-party plaintiff, impleaded the Carpet Shop as third-party defendant, alleging that the third-party defendant by its negligence caused plaintiffs injuries. Kuhlke appeals from the trial court’s grant of the third-party defendant’s motion for summary judgment.
An examination of the pleadings and the evidence submitted show that there are genuine issues of material fact for resolution by a jury concerning the factual question as to which party defendant replaced the ladder as well as on an issue of independent intervening cause. It
*874 was error to grant the motion.Argued January 18, 1978 Decided February 20, 1978. Allgood, Childs & Brown, Richard R. Mehrhof, Jr., for appellant. Jay Sawilowsky, David M. Zacks, Raymond G. Chadwick, Jr., Gould Hagler, for appellees. Judgment reversed.
Shulman and Birdsong, JJ., concur.
Document Info
Docket Number: 55136
Citation Numbers: 144 Ga. App. 873
Judges: Bell
Filed Date: 2/20/1978
Precedential Status: Precedential
Modified Date: 1/12/2023