lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
POTTS v. FIDELITY FRUIT & PRODUCE COMPANY, INC. et al.
65255.
BANKE, Judge.
Damages, etc. Fulton Superior Court. Before Judge Fryer.
(OCGA 26-2-20 et seq.). However, the appellant has since conceded that the evidence would not sustain a finding of ordinary negligence. This appeal is from a grant of summary judgment in favor of Fidelity Fruit and Produce Co., Inc., as to the negligence per se claim, based on a determination that the appellant is not among the class of persons whom the Georgia Food Act was designed to protect. Held:
In determining whether the violation of a statute or ordinance is negligence per se as to a particular person, it is necessary to examine the purposes of the legislation and decide (1) whether the injured person falls within the class of persons it was intended to protect and (2) whether the harm complained of was the harm it was intended to guard against. Rhodes v. Baker, 116 Ga. App. 157, 160 (156 SE2d 545) (1967); Huckabee v. Grace, 48 Ga. App. 621, 636 (173 SE 744) (1933). Having examined the provisions of the Georgia Food Act, we agree fully with the following analysis made by the trial court: "Clearly, the Act is a consumer protection act, designed not to render the workplace a safer environment, but to prevent the sale and distribution of adulterated or misbranded foods to consumers. While safety in the workplace, and compensation for injuries arising out of work activities, are indeed matters of contemporary concern, they are the subject of other legislative enactments on both the state and federal level." Because the appellant's alleged injuries did not arise incident to his consumption of the bananas, we hold that the trial court was correct in concluding that the Act affords him no basis for recovery.
Peter K. Kintz, for appellees.
Andrew R. Kirschner, for appellant.
DECIDED FEBRUARY 25, 1983 -- CERT. APPLIED FOR.
Thursday May 21 20:09 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com