June 25, 2024.  After Partner Jay Eidex previously won Summary Judgment in Houston County in a premises liability case in May 2023, the Plaintiff appealed.

The underlying case arose out of a incident that occurred in a restaurant.  The Plaintiff alleged he was injured when two employees of the restaurant were involved in a fight or altercation with each other and collided with the Plaintiff causing injuries to his back and knee.  Plaintiff alleged the Defendant restaurant was negligent in keeping its premises safe, vicariously liable for the actions of its employees and separately for negligent hiring and retention of the employees involved in the altercation.   He did not sue the employees involved in the altercation.

The trial Court entered an Order granting summary judgment finding that the Plaintiff’s claims as pled mix theories of premises liability and ordinary negligence.  The Court found there was no evidence that the premises itself was unsafe.  The Court further found that the intervening intentional criminal conduct of the employees was outside the scope of their job duties and was the proximate cause of any injuries.  Because it was outside the scope of the employees job duties, the employer was not vicariously liable for the actions of the employees.  Finally as tot he issue of negligent hiring and retention, the Court found that the record clearly demonstrated that neither employee had any criminal record, history of disciplinary action or history of violence finding “zero evidence” of negligent hiring or retention.

The Georgia Court of Appeals affirmed the trial court’s grant of summary judgment in an unreported opinion.

Read the opinion here.

Read more about Attorney Jay Eidex here.

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