Potts v. Fidelity Fruit & Produce Co.
Court of Appeals of Georgia
301 S.E.2d 903 (1983)
Relevant factsFree
Potts (plaintiff), a grocery store employee, was bitten by a spider while unloading bananas distributed by Fidelity Fruit & Produce (defendant), and sued under a negligence per se theory based on the Georgia Food Act, a consumer-protection statute, conceding he lacked evidence for ordinary negligence. The trial court granted Fidelity summary judgment, and Potts appealed.
IssueFree
Whether a plaintiff seeking to recover on a negligence per se theory based on a statutory violation must be within the class of persons the statute was intended to protect and suffer the type of harm the statute was intended to guard against.