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Potts v. Fidelity Fruit & Produce Co.
Court of Appeals of Georgia
301 S.E.2d 903 (1983)
Potts (plaintiff) worked for a grocery store. He was unloading bananas from a delivery truck when a spider bit him. Fidelity Fruit and Produce Company, Inc. (defendant) was the distributor of the bananas. Potts brought suit against Fidelity on a theory of negligence per se based on the Georgia Food Act, which the State of Georgia enacted for consumer protection. Potts acknowledged that the evidence did not support a claim for traditional negligence under the act. The trial court granted Fidelity summary judgment. Potts appealed.
Rule of Law
Holding and Reasoning (Banke, J.)
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