Burnette Ford, Inc. v. Hayes, 181 S.E.2d 866 (Ga. 1971). · Go Syfert
Burnette Ford, Inc. v. Hayes, 181 S.E.2d 866 (Ga. 1971). Cases Citing This Book View Copy Cite
315 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Northside Equities, Inc. v. Hulsey (ga, 2002-07-11) · Strongest negative: Collins v. Altamaha Electric Membership Corp. (gactapp, 1979-09-25)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 30 distinct citers.
examined Cited "but see" Collins v. Altamaha Electric Membership Corp. (4×)
Ga. Ct. App. · 1979 · signal: but see · confidence high
But see Burnette Ford, Inc. v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ), s.c., 124 Ga. App. 65 ( 183 SE2d 78 ), which *494 is apparently in conflict with Chambers .
discussed Cited as authority (rule) Northside Equities, Inc. v. Hulsey
Ga. · 2002 · confidence medium
While the evidence adduced by the plaintiff in this case might not have been sufficient to persuade a jury that Greene was noticeably intoxicated when last served a drink at work, that is not the standard to be applied. “ ‘Where the evidence on motion for summary judgment is ambiguous or doubtful, the party opposing the motion must be given the benefit of all reasonable doubts and of all favorable inferences and such evidence construed most favorably to the party opposing the motion.’ [Cit.]” Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
cited Cited as authority (rule) Hyde v. Gill
Ga. Ct. App. · 1999 · confidence medium
Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ); Combs v. Adair Mtg.
discussed Cited as authority (rule) GMS Air Conditioning, Inc. v. Department of Human Resources
Ga. Ct. App. · 1991 · confidence medium
However, “ ‘the testimony of a party offering himself as a witness in his own behalf is to be construed most strongly against him when it is contradictory, vague, or equivocal ....’” Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Nichols v. Frey
Ga. Ct. App. · 1988 · confidence medium
This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.’ [Cit.]” Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Brock v. Guaranty Trust Life Insurance (2×)
Ga. Ct. App. · 1985 · confidence medium
Burnette Ford v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Browning v. Sears, Roebuck & Co. (2×)
Ga. Ct. App. · 1985 · confidence medium
This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts. 6 Moore's Federal Practice, § 56.15 [3], p. 2342." Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
cited Cited as authority (rule) Lane Co. v. Taylor
Ga. Ct. App. · 1985 · confidence medium
Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Rutledge v. Colonial Financial Service, Inc.
Ga. Ct. App. · 1984 · confidence medium
Werbin & Tenenbaum, Inc. v. Heard, 121 Ga. App. 147 (2, 3), 148 ( 173 SE2d 114 ); Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ); Burnette Ford, Inc. v. Hayes, 124 Ga. App. 65 ( 183 SE2d 78 ).
discussed Cited as authority (rule) Fiumefreddo v. Scudder
Ga. · 1984 · confidence medium
Eiberger v. West, 247 Ga. 767 (1) (a) ( 281 SE2d 148 ) (1981); Burnett Ford, Inc. v. Hayes, 227 Ga. 551, 552-53 ( 181 SE2d 866 ) (1971); North v. Toco Hills, 160 Ga. App. 116, 119 ( 286 SE2d 346 ) (1981).
cited Cited as authority (rule) McCrary Engineering Corp. v. City of Bowdon
Ga. Ct. App. · 1984 · confidence medium
Burnette Ford v. Hayes, 227 Ga. 551, 553 ( 181 SE2d 866 ); Combs v. Adair Mortgage Co., 245 Ga. 296 ( 264 SE2d 226 ).
discussed Cited as authority (rule) Hill v. Six Flags Over Georgia, Inc. (2×)
Ga. Ct. App. · 1980 · confidence medium
Construing the testimony most strongly in favor of the party opposing the motion for summary judgment here, that is, the plaintiff, it is quite clear that an issue of material fact remains as to whether plaintiff is entitled to maintain his suit against Six Flags Over Georgia, Inc. See Holland v. Sanfax Corp., 106 Ga. App. 1 (1), 4 ( 126 SE2d 442 ); Simpson v. Dotson, 133 Ga. App. 120, 122 (4) ( 210 SE2d 240 ); Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552-553 ( 181 SE2d 866 ); Whitehead v. Capital Automobile Co., 239 Ga. 460, 462 ( 238 SE2d 104 ).
cited Cited as authority (rule) Jarriel v. Preferred Risk Mutual Insurance
Ga. Ct. App. · 1980 · confidence medium
Co., 107 Ga. App. 178 ( 129 SE2d 408 ); Burnette Ford v. Hayes, 227 Ga. 551, 553 ( 181 SE2d 866 ).
cited Cited as authority (rule) Waller v. Transworld Imports, Inc.
Ga. Ct. App. · 1980 · confidence medium
Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Weems v. Association Life Insurance
Ga. Ct. App. · 1980 · confidence medium
Holland v. Sanfax Corp., 106 Ga. App. 1 (1), 4 ( 126 SE2d 442 ); Malcom v. Malcolm, 112 Ga. App. 151, 153 (1), 154 ( 144 SE2d 188 ); Chastain v. Atlanta Gas Light Co., 122 Ga. App. 90, 91-92 (3) ( 176 SE2d 487 ); Simpson v. Dotson, 133 Ga. App. 120, 121-122 (3) (4) ( 210 SE2d 240 ); Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ).
cited Cited as authority (rule) Brooks v. Douglas
Ga. Ct. App. · 1980 · confidence medium
Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971).
discussed Cited as authority (rule) Paul v. Jones
Ga. Ct. App. · 1979 · confidence medium
This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.” Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971), quoting 6 Moore’s Federal Practice, § 56.15 [3], p. 56-480.
discussed Cited as authority (rule) Jaffe v. Davis
Ga. Ct. App. · 1975 · confidence medium
This is true because the burden to show there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.” Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ); Burnette Ford, Inc. v. Hayes, 124 Ga. App. 65 ( 183 SE2d 78 ).
discussed Cited as authority (rule) Food Fair, Inc. v. Mock (2×)
Ga. Ct. App. · 1973 · confidence medium
This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.’ Burnette Ford v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ). 'The defendant, having made the motion for summary judgment, must produce evidence which conclusively negates at least one essential element entitling plaintiff to a recovery under every theory fairly drawn from the …
discussed Cited as authority (rule) Morrow v. Thomason
Ga. Ct. App. · 1972 · confidence medium
This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.’” Burnette Ford v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ).
examined Cited "see" Johnston v. Grand Union Co. (4×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See generally Burnette Ford, Inc. v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ) (1971).
discussed Cited "see" Pinkney v. VMS Realty, Inc. (2×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See generally Burnette Ford, Inc. v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ) (1971); Prophecy Corp. v. Charles Rossignol, Inc., 256 Ga. 27, 29-30 ( 343 SE2d 680 ) (1986).
cited Cited "see" International Computer Group, Inc. v. Data General Corp.
Ga. Ct. App. · 1981 · signal: see · confidence high
See Burnette Ford v. Hayes, 227 Ga 551 ( 181 SE2d 866 ) (1971).
examined Cited "see" McCray v. Hunter (4×)
Ga. Ct. App. · 1981 · signal: see · confidence high
See, Burnette Ford v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ); Word v. Henderson, 220 Ga. 846 ( 142 SE2d 244 ); Holland v. Sanfax, 106 Ga. App. 1, 4-5 ( 126 SE2d 442 ).
examined Cited "see" Su v. Perkins (4×)
Ga. Ct. App. · 1974 · signal: see · confidence high
See Hobbs, supra. Some confusion exists as to these two rules of law because of the cases of Burnette Ford v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ); and Burnette Ford v. Hayes, 124 Ga. App. 65 ( 183 SE2d 78 ) (upon return of the case to this court).
discussed Cited "see, e.g." First Union National Bank v. J. Reisbaum Co. (2×)
Ga. Ct. App. · 1989 · signal: see, e.g. · confidence medium
See, e.g., Burnette Ford, Inc. v. Hayes, 227 Ga. 551, 552 ( 181 SE2d 866 ) (1971); Ham v. Ham, 230 Ga. 43, 45 ( 195 SE2d 429 ) (1973); Taylor v. Taylor, 243 Ga. 506, 508 ( 255 SE2d 32 ) (1979); Nalley v. Karr, 242 Ga. 16, 17 ( 247 SE2d 755 ) (1978).
discussed Cited "see, e.g." Best v. Dublin Eye Associates (2×)
Ga. Ct. App. · 1988 · signal: see also · confidence low
See also Burnette Ford v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ) (1971).
examined Cited "see, e.g." Thebaut v. McCloskey Varnish Co. (4×)
Ga. Ct. App. · 1982 · signal: see also · confidence low
See also Burnette Ford v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ) (1971); Combs v. Adair Mtg.
discussed Cited "see, e.g." Voliton v. Piggly Wiggly (2×)
Ga. Ct. App. · 1982 · signal: see also · confidence low
See also Burnette Ford, Inc. v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ) (1971); Combs v. Adair Mortgage Co., 245 Ga. 296 ( 264 SE2d 226 ) (1980); Sanfrantello v. Sears, Roebuck & Co., supra, at 206.
discussed Cited "see, e.g." Miller v. Douglas (2×)
Ga. · 1975 · signal: see also · confidence low
See also Burnette Ford, Inc. v. Hayes, 227 Ga. 551 ( 181 SE2d 866 ).
BURNETTE FORD, INC.
v.
HAYES Et Al.
26429.
Supreme Court of Georgia.
May 6, 1971.
181 S.E.2d 866
Robert E. Corry, Jr., for appellant., Warren N. Coppedge, Jr., John T. Minor, III, Stafford R. Brooke, for appellees.
Almand.
Cited by 149 opinions  |  Published
Almand, Chief Justice.

The Court of Appeals has certified for answer by the Supreme Court, the following question: "Where a[*552] party to a case, upon whom the durden [sic] of proof upon the trial of the case does not lie, makes a motion for summary judgment, is all of the evidence adduced on said motion, including the testimony of the party opposing the motion, construed most strongly against the movant?”

In Lampkin v. Edwards, 222 Ga. 288 (3) (149 SE2d 708), where both parties made motions for summary judgment, this court said: "The testimony of a party who offers himself as a witness in his own behalf is to be construed most strongly against him and he is not entitled to a finding in his favor if that version of his testimony the most unfavorable to him shows that the verdict should be against him.”

In Ryder v. Schreeder, 224 Ga. 382 (162 SE2d 375), where both parties made motions for a summary judgment, this court said that "the testimony of a party offering himself as a witness in his own behalf is to be construed most strongly against him when it is contradictory, vague, or equivocal . . .”

"On motion for directed verdict the party resisting the motion, i.e., the plaintiff, has had to and has presented his evidence, which is then scrutinized by the motion. On motion for summary judgment by a defendant on the ground that plaintiff has no valid claim, the defendant, as the moving party, has the burden of producing evidence, of the necessary certitude, which negatives the opposing party’s (plaintiff’s) claim. This is true because the burden to show that there is no genuine issue of material fact rests on the party moving for summary judgment, whether he or his opponent would at trial have the burden of proof on the issue concerned; and rests on him whether he is by it required to show the existence or non-existence of facts.” 6 Moore’s Federal Practice, §56.15 [3], p. 2342.

In the case of Word v. Henderson, 110 Ga. App. 780 (140 SE2d 92), the defendant, not seeking any affirmative relief, filed a motion for a summary judgment. The court affirmed the grant of a summary judgment in favor of the defendant doctor. In his dissenting opinion, concurred in by three other judges, Judge Jordan said: "Where the evidence on motion for summary judgment is ambiguous or doubtful, the party opposing the motion must be given the benefit of all reasonable doubts and of all[*553] favorable inferences and such evidence construed most favorably to the party opposing the motion. McCarty v. National Life &c. Ins. Co., 107 Ga. App. 178 (129 SE2d 408).” This court granted the writ of certiorari and in reversing the Court of Appeals it adopted the dissenting opinion as its own opinion.

Submitted April 12, 1971 Decided May 6, 1971. Robert E. Corry, Jr., for appellant. Warren N. Coppedge, Jr., John T. Minor, III, Stafford R. Brooke, for appellees.

Our answer to the question certified is: Yes.

Question answered in the affirmative.

All the Justices concur.