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Filed In Office Jul-38-2008 12:32:33) ——~
IDH 2088- mo 14316-— cv
Gain Slee Bagendo = oo
IN THE SUPERIOR COURT OF COBB county’ 4 st (
STATE OF GEORGIA Clerk of Bevion ene Cobb County
ARVIL SANFORD and DEBORAH SANFORD _ )
) CIVIL ACTION NO.
Plaintiffs, ) 07-1-0568-33
)
v. )
)
QUIKTRIP CORPORATION )
)
Defendant. )
DEFENDANT QUIKTRIP CORPORATION’S MOTION FOR SUMMARY JUDGMENT.
COMES NOW QUIKTRIP CORPORATION, Defendant in the above-styled civil action,
and respectfully moves the Court pursuant to 0.C.G.A. § 9-11-56 for entry of summary
judgment as to all claims set forth in Plaintiffs’ Complaint against Defendant QuikTrip
Corporation, as no genuine issues of material fact exist. In support of its motion, Defendant
QuikTrip Corporation relies upon the following:
(1) Brief'in Support of Defendant QuikTrip Corporation’s Motion for Summary
Judgment;
(2) Defendant QuikTrip Corporation’s Statement of Material Facts As To Which
There Exists No Genuine Issue to be Tried;
(3) Defendant QuikTrip Corporation’s Statement of Plaintiffs’ Theory of Recovery;
(4) Deposition of Arvil Sanford;
(5) Deposition of Deborah Sanford;
(7) Deposition of Kimberly Sanford;
(8) Affidavit of Walter Smith.
this 306 day of July, 2008.IDH# £4@8-6110316-CYV
Page 2
SWIFT, CURRIE, McGHEE & HIERS, LLP
By:
VALERIE E. PINKETT
Georgia State Bar No. 580348
Attorney for Defendant
QUIKTRIP CORPORATION
The Peachtree, Suite 300
1355 Peachtree Street, N-E.
Atlanta, GA 30309-3231
(404) 888-6146ID# 2#66@8-6116316-CV
Page 3
IN THE SUPERIOR COURT OF COBB COUNTY
STATE OF GEORGIA
ARVIL SANFORD and DEBORAH SANFORD)
} CIVIL ACTION NO,
Plaintiffs, ) 07-1-0$68-33
)
v. )
)
QUIKTRIP CORPORATION )
)
Defendant. )
STATE OF OKLAHOMA
COUNTY OF
AFFIDAVIT OF WALTER SMITH
Personally appeared before the undersigned officer, duly authorized to administer oaths,
and in said state and county, Walter Smith, who efter first being placed under oath, states the
following:
1. My name is Walter Smith. I am over 18 years of age, and I am competent to testify to
the matters stated herein. All matters stated in this Affidavit are based upon my personal
knowledge.
2. I am giving this Affidavit so it may be used as evidence in the above styled case and for
all other purposes authorized by law.
3. Thave been an employee of QuikTrip Corporation since August 23, 1990. I have served
as the Casualty Claims Manager for QuikTrip Corporation since January 1, 2006.
4. 1am responsible for Casualty Claim Department, including managing any claims that
may have been filed for incidents at QuikTrip Store Number 796, located at 4675 Atlanta
Hwy, Loganville, Georgia 30052.ID# 2668-6116316-CY
Page 4
5. Prior to March 6, 2005, QuikTrip Corporation never recelved notice of anyone tripping
over any underground gas tank lids.in the parking lot of Store Number 796,
6. The underground gas tank lids at QuikTrip Store Number 796 were also never reported as
defective or in need of repair prior to March 6, 2005.
FURTHER AFFIANT SAYETH NOT.
This 29 day of July, 2008.
Walter Smi
SWORN TO AND SUBSCRIBED
Bofore Me This 24~Day
OF _dutee 2008.
a a
1816070v.1ID# 2448-6116316-CYV
age
CERTIFICATE OF SERVICE
Thereby certify that I have this day served a copy of the Defendant QuikTrip
Corporation’s Motion for Summary Judgment upon all parties to this matter by depositing a
true copy of same in the U.S. Mail, proper postage prepaid, addressed to counsel of record as
follows:
WM. Gregory Dodson, Esq.
Morrtiss, Lober & Dodson, LLC
830 Mulberry Street
Suite 201-Robert E. Lee Building
Macon, Georgia 31201
This 20% day of July, 2008.
The Peachtree, Suite 300
1355 Peachtree Street, N.E.
Atlanta,GA 30309-3231
(404) 874-8800
3956401v.1
Todd L. Lord, Esq.
P.O. Box 901
Cleveland, Georgia 30528
SWIFT, CURRIE, McGHEE & HIERS, LLP
VALERIE E. PINKETT
Georgia State Bar No. 580348
Attorney for Defendant
QUIKTRIP CORPORATION
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Filed In Office Jul-38-2008 12:32:33) ——~ IDH 2088- mo 14316-— cv Gain Slee Bagendo = oo IN THE SUPERIOR COURT OF COBB county’ 4 st ( STATE OF GEORGIA Clerk of Bevion ene Cobb County ARVIL SANFORD and DEBORAH SANFORD _ ) ) CIVIL ACTION NO. Plaintiffs, ) 07-1-0568-33 ) v. ) ) QUIKTRIP CORPORATION ) ) Defendant. ) DEFENDANT QUIKTRIP CORPORATION’S MOTION FOR SUMMARY JUDGMENT. COMES NOW QUIKTRIP CORPORATION, Defendant in the above-styled civil action, and respectfully moves the Court pursuant to 0.C.G.A. § 9-11-56 for entry of summary judgment as to all claims set forth in Plaintiffs’ Complaint against Defendant QuikTrip Corporation, as no genuine issues of material fact exist. In support of its motion, Defendant QuikTrip Corporation relies upon the following: (1) Brief'in Support of Defendant QuikTrip Corporation’s Motion for Summary Judgment; (2) Defendant QuikTrip Corporation’s Statement of Material Facts As To Which There Exists No Genuine Issue to be Tried; (3) Defendant QuikTrip Corporation’s Statement of Plaintiffs’ Theory of Recovery; (4) Deposition of Arvil Sanford; (5) Deposition of Deborah Sanford; (7) Deposition of Kimberly Sanford; (8) Affidavit of Walter Smith. this 306 day of July, 2008.IDH# £4@8-6110316-CYV Page 2 SWIFT, CURRIE, McGHEE & HIERS, LLP By: VALERIE E. PINKETT Georgia State Bar No. 580348 Attorney for Defendant QUIKTRIP CORPORATION The Peachtree, Suite 300 1355 Peachtree Street, N-E. Atlanta, GA 30309-3231 (404) 888-6146ID# 2#66@8-6116316-CV Page 3 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA ARVIL SANFORD and DEBORAH SANFORD) } CIVIL ACTION NO, Plaintiffs, ) 07-1-0$68-33 ) v. ) ) QUIKTRIP CORPORATION ) ) Defendant. ) STATE OF OKLAHOMA COUNTY OF AFFIDAVIT OF WALTER SMITH Personally appeared before the undersigned officer, duly authorized to administer oaths, and in said state and county, Walter Smith, who efter first being placed under oath, states the following: 1. My name is Walter Smith. I am over 18 years of age, and I am competent to testify to the matters stated herein. All matters stated in this Affidavit are based upon my personal knowledge. 2. I am giving this Affidavit so it may be used as evidence in the above styled case and for all other purposes authorized by law. 3. Thave been an employee of QuikTrip Corporation since August 23, 1990. I have served as the Casualty Claims Manager for QuikTrip Corporation since January 1, 2006. 4. 1am responsible for Casualty Claim Department, including managing any claims that may have been filed for incidents at QuikTrip Store Number 796, located at 4675 Atlanta Hwy, Loganville, Georgia 30052.ID# 2668-6116316-CY Page 4 5. Prior to March 6, 2005, QuikTrip Corporation never recelved notice of anyone tripping over any underground gas tank lids.in the parking lot of Store Number 796, 6. The underground gas tank lids at QuikTrip Store Number 796 were also never reported as defective or in need of repair prior to March 6, 2005. FURTHER AFFIANT SAYETH NOT. This 29 day of July, 2008. Walter Smi SWORN TO AND SUBSCRIBED Bofore Me This 24~Day OF _dutee 2008. a a 1816070v.1ID# 2448-6116316-CYV age CERTIFICATE OF SERVICE Thereby certify that I have this day served a copy of the Defendant QuikTrip Corporation’s Motion for Summary Judgment upon all parties to this matter by depositing a true copy of same in the U.S. Mail, proper postage prepaid, addressed to counsel of record as follows: WM. Gregory Dodson, Esq. Morrtiss, Lober & Dodson, LLC 830 Mulberry Street Suite 201-Robert E. Lee Building Macon, Georgia 31201 This 20% day of July, 2008. The Peachtree, Suite 300 1355 Peachtree Street, N.E. Atlanta,GA 30309-3231 (404) 874-8800 3956401v.1 Todd L. Lord, Esq. P.O. Box 901 Cleveland, Georgia 30528 SWIFT, CURRIE, McGHEE & HIERS, LLP VALERIE E. PINKETT Georgia State Bar No. 580348 Attorney for Defendant QUIKTRIP CORPORATION