Georgia Court of Appeals

Tavistock Freebirds D/B/A Freebirds World Burrito v. The Coca-Cola Company

A23A0010 January 18, 2023 Affirmed

Automated case summary

What the court decided

The Georgia Court of Appeals held that a motion to dismiss for failure to state a claim should not be sustained unless the complaint discloses with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof. The Georgia Court of Appeals affirmed the trial court's ruling dismissing Freebirds' complaint because the plaintiff failed to meet this rigorous pleading standard.