116 Ga. App. 82 | Ga. Ct. App. | 1967
The sole question presented by the appeal in this case is whether, under the facts shown in the motion for a summary judgment and in the supporting depositions and affidavits appended thereto, the defendant Hawkins could be found by a jury to have been guilty of any negligent act proximately resulting in the plaintiff’s injuries. It appears that the defendant Hawkins was operating his automobile in a southerly direction in the middle lane of three southbound traffic lanes of an expressway in the City of Atlanta; that all of the automobiles being operated in the southbound lanes of the expressway immediately prior to the collision in question were moving together at a speed of approximately 40 miles
The only basis for the appellant’s contention that he was entitled to a summary judgment is, as he contends, because the undisputed evidence showed, if he were guilty of any negligence in stopping his automobile under the circumstances, that the plaintiff Streetman was able to completely avoid that negligence by bringing her automobile to a gradual and controlled stop, and that the sole cause of her injuries and damages was the negligence of the bus driver in failing to keep his vehicle under control so as to avoid striking the rear of the plaintiff’s automobile. This contention is without merit. Defendant overlooks the fact that the deposition of the bus driver showed that the plaintiff was unable to avoid the negligence of the defendant Hawkins, in that his deposition shows that the plaintiff, contrary to her testimony, struck the rear of the defendant Hawkins’ automobile while her automobile was still in motion and under its own momentum. Such testimony created an issue of fact as to whether the plaintiff was
Judgment affirmed.
