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PYA/MONARCH, INC. v. HIGLEY

Nos. A95A1398, A95A1399.

464 S.E.2d 630 (1995)

219 Ga. App. 199

PYA/MONARCH, INC. et al. v. HIGLEY et al. (two cases).

Court of Appeals of Georgia.

November 29, 1995.

Attorney(s) appearing for the Case

Drew, Eckl & Farnham, Arthur H. Glaser, Douglas T. Lay, Atlanta, for appellants.

Tobin & Hoffspiegel, Lloyd W. Hoffspiegel, McLaughlin, MacDougald, Hendon & Miller, Daniel MacDougald, III, Mozley, Finlayson & Loggins, William D. Harrison, Atlanta, for appellees.

ANDREWS, Judge.

In this interlocutory appeal, defendants PYA/Monarch, Inc. ("Monarch"), a food shipping business, and H.E. Hennigh, Inc. ("Hennigh"), an independent construction contractor, challenge the denial of their separate motions for summary judgment.

The underlying cause of action arose after a large, galvanized fence post being installed on Monarch's property fell on plaintiff Edward Higley's head while he was making a delivery to Monarch. It is undisputed...

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