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KAPPA SIGMA INTERN. FRATERNITY v. TOOTLE

No. A96A0229.

473 S.E.2d 213 (1996)

221 Ga. App. 890

KAPPA SIGMA INTERNATIONAL FRATERNITY et al. v. TOOTLE et al.

Court of Appeals of Georgia.

Certiorari Denied October 11, 1996.

Attorney(s) appearing for the Case

Bovis, Kyle & Burch, Steven J. Kyle, John H. Peavy, Jr., Atlanta, for appellants.

Brown & Livingston, Charles H. Brown, Becky D. Livingston, Statesboro, Barrow, Sims, Morrow & Lee, A. Mark Lee, Savannah, for appellees.

RUFFIN, Judge.

Sonya Tootle sued the Kappa Sigma International Fraternity and its local chapter (collectively "the Fraternity") for the alleged wrongful death of Ernest Tootle, who was killed in an automobile accident with Clinton Fair. Fair was intoxicated at the time of the accident, and Tootle alleged that under OCGA § 51-1-40(b) the Fraternity proximately caused the accident because it furnished Fair with alcoholic beverages. The Fraternity appeals from the...

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