June 28, 2024. The Georgia Court of Appeals reversed a trial court’s denial of Partner Paul Groth and Attorney Eric Jorgensen’s Motion for Summary Judgment. The original lawsuit arose out of an accident at a hair salon, when a ceiliing-mounted hairdryer dislodged and struck the Plaintiff on the head. The Plaintiff alleged $10,689 in medical bills as a result of the mishap. Defense counsel filed a Motion for Summary Judgment, arguing that there was no evidence that Defendant improperly installed the hairdryer or had actual knowledge that the hairdryer created a hazard. Plaintiff’s counsel responded to the Motion for Summary Judgment and filed a request for oral arguments, which was granted. Plaintiff’s counsel and Defense counsel argued in front of Judge Clarence Cuthpert, Jr.

Judge Cuthpert, Jr. then denied Defendant’s Motion for Summary Judgment finding that because the Defendant retained a right under the Lease to inspect, repair, and maintain the subject property, there remained a question as to whether the Defendant fully parted with possession of the property. Defense counsel file an Application for Certificate of Immediate Review, which was granted. Defense counsel then filed an Interlocutory Appeal of the trial court’s order.  The Court of Appeals held that there was no evidence that the Defendant retained possession of the leased premises, which was an essential element of the Plaintiff’s premises liability claim. The evidence offered by Plaintiff was insufficient to create an issue as to whether High West was an out-of-possession landlord, and as an out-of-possession landlord, Defendant would only be liable if Defendant knew or should have known the hairdryer was not installed properly or otherwise created a hazardous condition. Accordingly, the trial court’s denial of Defendant’s Motion for Summary Judgment was reversed. Judge Watkins wrote the opinion, to which Judge Doyle and Judge Hodges concurred.

The Original Case is Michelle Reese v. Luv Dem Locs, LLC, Alicia Marston and High West, LLC, State Court of Rockdale County 2021-SV-2574.

The Appellate Case is High West, LLC v. Reese, Georgia Court of Appeals A24A0201, Westlaw Citation  2024 WL 3098518

Read the opinion here.

Read more about Partner Paul Groth here.

Read more about Attorney Eric Jorgensen here.

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