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· 5/26/2011

Seymour Electrical & Air Conditioning Service, Inc. v. Statom

Citations

  • 710 S.E.2d 874
  • 309 Ga. App. 677
  • 2011 Fulton County D. Rep. 1630
  • 2011 Ga. App. LEXIS 431

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “‘[q]uestions of negligence generally are for the jury, and may be resolved on summary judgment only where the evidence is plain, palpable and undisputable’” (citation omitted)
  • stating that “‘[q]uestions of negligence generally are for the jury, and may be resolved on summary judgment only where the evidence is plain, palpable and undisputable’” (citation omitted)
  • discussing the essential elements of a negligence claim, beginning with the existence of a legal duty
  • causal connection between inhalation of carhon monoxide and memory loss presents medical'question because “we have required expert medical testimony... to establish a causal link between exposure to a substance and a medical condition”
  • “The essential elements of a negligence claim are the existence of a legal duty; breach of that duty; a causal connection between the defendant’s conduct and the plaintiff’s injury; and damages.” (citation omitted)
  • Under Georgia law, even if it is “common knowledge that certain fumes are generally dangerous to breathe, a plaintiff still must present expert medical evidence estab-lishingthat the fumes caused that part icular plaintiff ⅛ medical problems.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Adams, Blackwell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.