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BEVERLY v. J.H. HARVEY CO., INC.

No. A98A1745.

515 S.E.2d 404 (1999)

237 Ga. App. 21

BEVERLY v. J.H. HARVEY COMPANY, INC.

Court of Appeals of Georgia.

Reconsideration Denied March 16, 1999.

Certiorari Denied June 3, 1999.

Attorney(s) appearing for the Case

Kunes & Kunes, G.G. Joseph Kunes, Jr., Fred W. Rigdon, Jr., Tifton, for appellants.

Clyatt, Clyatt, Wallace & DeVaughn, Robert M. Clyatt, Valdosta, Carl G. Fulp III, for appellee.

BEASLEY, Presiding Judge.

After Judy Beverly was struck by an unidentified individual running down the aisle of a grocery store owned by J.H. Harvey Company, Inc., she and her husband sued Harvey for personal injury and loss of consortium. Harvey moved for and won summary judgment, asserting there was insufficient evidence that the unidentified individual was one of its employees acting within the scope of his employment.

"[A]ll inferences, and all ambiguities...

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