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Lindsey v. Crescent Park, Inc.
228 S.E.2d 6
Ga. Ct. App.
1976
Check Treatment
Webb, Judge.

1. "On summary judgment the burden was on the defendants, as movants, to pierce the allegations of the complaint and to establish that as a matter of law the plaintiff could not recover. [Cit.]” If they failed to do so, even though on the trial the plaintiff might not be able to recover, summary judgment would not be proper. [Cit.]” Johnson v. Tucker, 129 Ga. App. 648, 650 (200 SE2d 489).

2. There were genuine issues of material fact as to whether a wad of bubble gum on the floor of the skating rink caused plaintiff s fall and, if so, how long the gum had been on the floor.

Judgment reversed.

Deen, P. J., and Quillian, J., concur.

Case Details

Case Name: Lindsey v. Crescent Park, Inc.
Court Name: Court of Appeals of Georgia
Date Published: May 20, 1976
Citation: 228 S.E.2d 6
Docket Number: 52166
Court Abbreviation: Ga. Ct. App.
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