There’s an old axiom that “saying something don’t make it so.” A recent Georgia Court of Appeals opinion reached a similar conclusion when it revived a lawsuit that a trial judge dismissed after accepting defense statements as being binding on the plaintiff, who had not admitted them.
While the defendants had stated in their admissions that they “owed no duty” to a freelance photographer shot while attempting to photograph a home being listed for sale, he had admitted no such thing and the judge was wrong to base his summary judgment order on that assertion, the appeals court said.
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