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eBook details

• Title: Gary R. Tolbert v. Bruce H. Gulsby Et Al.
• Author : Supreme Court of Alabama
• Release Date : January 28, 1976
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

This case is an appeal from the granting of summary judgment in favor of defendants below. The action arose on four counts alleging liability based on (1) negligence, (2) wantonness, (3) presence of attractive nuisance on defendant's premises and (4) presence of a dangerous instrumentality. The undisputed facts are that plaintiff Gary R. Tolbert, a six-year-old, was shot in the eye by another child with an air rifle which was located in defendants' carport. The moving papers consisted of the pleadings and affidavits of defendants, Bruce and Esther Gulsby. Plaintiffs opposed the motion by submitting two affidavits of Curtis A. Tolbert, Gary's father, and depositions of plaintiff Gary R. Tolbert, Defendant Bruce H. Gulsby, and one Tammy Lynn Chandler. The issue on appeal is whether the trial Judge erred in granting the defendants' motion for summary judgment as to each of the four counts.

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