Harper v. Plunkett ( 1970 )

Deen, Judge,

dissenting. It appears without dispute that the defendant’s automobile was following the car in which plaintiff was riding in a line of heavy traffic on an expressway within the city limits of Atlanta at a reasonable speed. The defendant saw the tail lights of several cars ahead in the line of traffic go on and understood that they were all slowing down or stopping. The car ahead of plaintiff’s car stopped, as also did the automobile in which the plaintiff was riding. Defendant hit the car ahead of him. All cars ahead of and behind the defendant’s car stopped without incident; defendant admitted at the scene that it was his fault, that he had plenty of room to stop but misjudged the distance, and that no mechanical difficulty prevented him from stopping. Under these circumstances I see no issue of fact remaining and would grant summary judgment for the plaintiff as to liability.