Lastinger v. Waites

Birdsong, Judge.

The issue raised by this appeal is essentially identical to that in our recent decision in Hyde v. Klar, 168 Ga. App. 64, (308 SE2d 190), and is controlled thereby. Accordingly, the judgment of the trial court in refusing to dismiss the estate of the deceased driver of the deceased plaintiffs vehicle, as impleaded third party defendant, is affirmed.

Judgment affirmed.

McMurray, C. J., and Shulman, P. J, concur. J. Harvey Davis, Glenn Whitley, for appellees.