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155 Ga. App. 322

270 S.E.2d 863

Garner v. Driver

Court of Appeals of Georgia

Decided July 15, 1980

Court of Appeals of Georgia · decided 1980-07-15

Cited by 9 later decisions — most recently May 1994

9 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1980-07-15

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Shulman, Judge,

¶1concurring specially.

¶2In my opinion when the police officer testified as follows: “Q. And isn’t the debris location just as consistent with both vehicles being over that center line as it is with just one of them being over the center line? A. It could be, yes, sir,” an inference could certainly be drawn that there was some question as to who was more negligent. Therefore, since some evidence was presented indicating an inference of possible negligence on the part of the plaintiff, a charge on comparative negligence was justified. I fully agree with the judgment of affirmance.

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