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9 Georgia opinions name it 2 courts 1939–1998 0 in the last five years
The cases below were cited by Georgia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Floyd v. Swift & Co.green2 sentences1956That is exactly what happened, and I apologized fc> the lady for it.” Assuming that at the conclusion of the plaintiff’s evidence she had made out a case with the aid of the doctrine of res ipsa loquitur, inasmuch as her evidence showed conclusively that she was .injured by an instrumentality in the sole control of the defendant which would not have caused the injury unless there had been some negligence, and this is true although there was no evidence introduced by the plaintiff as to how the defendant was negligent, however, “Where there is some intervention or intermediary cause which produ 1956That is exactly what happened, and I apologized fc> the lady for it.” Assuming that at the conclusion of the plaintiff’s evidence she had made out a case with the aid of the doctrine of res ipsa loquitur, inasmuch as her evidence showed conclusively that she was .injured by an instrumentality in the sole control of the defendant which would not have caused the injury unless there had been some negligence, and this is true although there was no evidence introduced by the plaintiff as to how the defendant was negligent, however, “Where there is some intervention or intermediary cause which produ | 2 | 4 |
Miller v. Gerber Products Co.green2 sentences1970“Where there is any intervention of an intermediary cause which produces or could produce the injury complained of, the doctrine of res ipsa loquitur is not applicable.” Miller v. Gerber Products Co., 207 Ga. 385, 388 ( 62 SE2d 174 , 52 ALR2d 155); Hospital Authority of the City of St. 1970“Where there is any intervention of an intermediary cause which produces or could produce the injury complained of, the doctrine of res ipsa loquitur is not applicable.” Miller v. Gerber Products Co., 207 Ga. 385, 388 ( 62 SE2d 174 , 52 ALR2d 155); Hospital Authority of the City of St. | 2 | 2 |
Shea v. Phillipsgreen2 sentences1998In Shea v. Phillips, 213 Ga. 269, 271 (2), 98 S.E.2d 552 (1957), our Supreme Court stated: "In an action brought by a patient against his physician or surgeon for malpractice, the presumption is that the medical or surgical services were performed in an ordinarily [skillful] manner, and the burden is on the one receiving the services to show a want of due care, skill, and diligence. 1998In Shea v. Phillips, 213 Ga. 269, 271 (2), 98 S.E.2d 552 (1957), our Supreme Court stated: "In an action brought by a patient against his physician or surgeon for malpractice, the presumption is that the medical or surgical services were performed in an ordinarily [skillful] manner, and the burden is on the one receiving the services to show a want of due care, skill, and diligence. | 1 | 1 |
Johnson v. City of Port Wentworthgreen2 sentences1970Marys v. Eason, 222 Ga. *646 536, 541 ( 150 SE2d 812 ); Quick Shops, Inc. v. Oldham, 100 Ga. App. 551, 556 (111 SE2d 920); Johnson v. City of Port Wentworth, 119 Ga. App. 357, 358 ( 166 SE2d 830 ). 1970Marys v. Eason, 222 Ga. *646 536, 541 ( 150 SE2d 812 ); Quick Shops, Inc. v. Oldham, 100 Ga. App. 551, 556 (111 SE2d 920); Johnson v. City of Port Wentworth, 119 Ga. App. 357, 358 ( 166 SE2d 830 ). | 1 | 1 |
Quick Shops, Inc. v. Oldhamgreen2 sentences1970Marys v. Eason, 222 Ga. *646 536, 541 ( 150 SE2d 812 ); Quick Shops, Inc. v. Oldham, 100 Ga. App. 551, 556 (111 SE2d 920); Johnson v. City of Port Wentworth, 119 Ga. App. 357, 358 ( 166 SE2d 830 ). 1970Marys v. Eason, 222 Ga. *646 536, 541 ( 150 SE2d 812 ); Quick Shops, Inc. v. Oldham, 100 Ga. App. 551, 556 (111 SE2d 920); Johnson v. City of Port Wentworth, 119 Ga. App. 357, 358 ( 166 SE2d 830 ). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Georgia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Armour Company v. Gulley
green
2 sentences1965Floyd v. Swift & Co., 59 Ga. App. 154, 157 ( 200 SE 531 ); Armour & Co. v. Gulley, 61 Ga. App. 414 , supra; H. 1950Floyd v. Swift & Co., 59 Ga. App. 154 ( 200 S. E. 531 ); Armour & Co. v. Gulley, 61 Ga. App. 414 (6 S. E. 2d, 165 ); H. | 2 | 1950–1965 |
Bridgestone/Firestone, Inc. v. Green
green
2 sentences1993Bridgestone Firestone v. Green, 198 Ga. App. 858 (2) ( 403 SE2d 442 ) (1991). 1993Bridgestone Firestone v. Green, 198 Ga. App. 858 (2) ( 403 SE2d 442 ) (1991). | 1 | 1993–1993 |
Parker v. Dailey
green
2 sentences1972Parker v. Dailey, 226 Ga. 643 (1) ( 177 SE2d 44 ). 1972Parker v. Dailey, 226 Ga. 643 (1) ( 177 SE2d 44 ). | 1 | 1972–1972 |
Hospital Authority v. Eason
green
1 sentence1970Marys v. Eason, 222 Ga. *646 536, 541 ( 150 SE2d 812 ); Quick Shops, Inc. v. Oldham, 100 Ga. App. 551, 556 (111 SE2d 920); Johnson v. City of Port Wentworth, 119 Ga. App. 357, 358 ( 166 SE2d 830 ). | 1 | 1970–1970 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.