Crankshaw v. Piedmont Driving Club, Inc.

115 Ga. App. 820 · Court of Appeals of Georgia · 1967

Facts

Plaintiff fell on a regurgitated substance. She abandoned the claim that the defendant failed to clean it, as the defendant had no notice. Instead, she argued that the defendant's negligent serving of unwholesome food to another person (Miss Harris) was the proximate cause of her injury.

Issue

Was the negligent serving of unwholesome food to one person the proximate cause of another person's injury resulting from a fall on a regurgitated substance?

Holding

The court affirmed the trial court's sustaining of the general demurrer, holding that the defendant's act of serving unwholesome food to another person was not the proximate cause of the plaintiff's injury.

Rule

Damages must be the legal and natural result of the tortious act; remote or contingent damages are not recoverable. Proximate cause is a question for the jury unless the facts are palpably clear, allowing only one reasonable conclusion.

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Case brief last reviewed 2026-01-08. Prepared by CaseReader from the published opinion.