Wolfe v. Carter
314 Ga. App. 854
| Ga. Ct. App. | 2012Background
- Wolfe sued Carter for personal injury from a three-car collision in Toombs County on January 13, 2007.
- Wolfe was in a pickup behind Bryant; Rainey followed Wolfe; an unidentified driver U-turned, causing the crash.
- Bryant slowed due to smoky/foggy conditions; Wolfe followed at reduced speed; Rainey slowed as well, all describing poor visibility.
- Carter conducted three prescribed burns near the Highway 341/Aspinall Break Road intersection on January 10–12, 2007, burning about 120 acres total.
- On January 12, Carter extinguished the burn with light smoke remaining; Wolfe alleged the smoke on January 13 originated from Carter’s burn, but no direct proof connected the source.
- The trial court granted summary judgment to Carter, concluding Wolfe did not prove causation or gross negligence under OCGA 12-6-148; Wolfe appealed, and the Georgia Court of Appeals affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was causation between Carter's burn and the smoke on the highway. | Wolfe contends smoke on the highway linked to Carter's burn. | Carter argues no proof that his burn caused the highway smoke. | No genuine causation issue; summary judgment proper. |
| Whether Carter met OCGA 12-6-148 and whether gross negligence was shown. | Wolfe argues noncompliance or gross negligence. | Carter complied with the statute; no gross negligence shown. | No evidence of noncompliance or gross negligence; summary judgment affirmed. |
Key Cases Cited
- Burnside v. GEICO Gen. Ins. Co., 309 Ga.App. 897 (2011) (summary judgment de novo review; no genuine issue of material fact)
- Benefield v. Tominich, 308 Ga.App. 605 (2011) (summary judgment standard; no genuine issue of material fact)
- Grinold v. Farist, 284 Ga.App. 120 (2007) (causation burden; speculation not enough for judgment)
- Cowart v. Widener, 287 Ga. 622 (2010) (summary judgment not defeated by mere speculation)
- Morgan v. Horton, 308 Ga.App. 192 (2011) (OCGA 12-6-148 defense; lack of evidence of noncompliance or re-ignition)
- Hardnett v. Silvey, 285 Ga.App. 424 (2007) (negligence standards; mere unfortunate event not negligence)
- Pottinger v. Smith, 293 Ga.App. 626 (2008) (gross negligence standard; slight diligence)