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C. Brown Trucking Co. Inc. v. Henderson

The defendant's verified answer created a genuine issue of material fact, despite the defendant's failure to file a response to the plaintiff's motion for summary judgment.

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In this breach of contract action, C. Brown Trucking Co., Inc., Brown appeals from the grant of summary judgment to Charles Henderson on Henderson’s claim for damages following the destruction of a car carrier trailer rented to Brown. We conclude that the trial court erred in granting summary judgment to Henderson and therefore reverse. On appeal from the grant of summary judgment, this court conducts a de novo review of the evidence to determine whether there is a genuine issue of material fact and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.

The record reveals that Henderson filed a verified complaint averring that Brown rented a car carrier trailer from him that was destroyed while in Brown’s possession. The parties executed a rental agreement on February 28, 2008, which provided that Henderson would deliver the trailer to Brown on that date and that the rental would begin on March 3, 2008 and end on March 8, 2009. The agreement also provided that if the trailer was lost while in Brown’s possession, Brown would pay Henderson $20,000, the value of the trailer.

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