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Beasley, Chief Judge, concurring specially.
I concur because the defendants have not precluded the finding that their alleged negligence in failing to properly secure the pipes, of which there is some evidence, was not the possible proximate cause of plaintiff’s injuries. True, the evidence is conclusive that this was not a proximate cause of the collision; her own negligence in suddenly and without warning turning in front of the oncoming vehicle when it was close to the intersection proximately caused the truck driver to brake, the pipes to shoot forward, and the collision to occur. But the issue of proximate cause relates to the injuries, not the collision. “ ‘ “The proximate cause of an injury is that cause which immediately precedes and directly produces the injury, without which the injury would not have happened.” ’ ” Locke v. Vonalt, 189 Ga. App. 783, 788 (7) (377 SE2d 696) (1989).
Document Info
Docket Number: A95A1565
Judges: Pope, Ruffin, Beasley
Filed Date: 10/30/1995
Precedential Status: Precedential
Modified Date: 11/8/2024