July 15, 2020 – Partner Jay Eidex obtained Summary Judgment on behalf of his client Southern Paving Solutions in Fulton County State Court.
The Plaintiff brought suit in this matter following a fall over a parking block that was installed in the parking lot of co-defendant Coral Ridge Condominiums parking Lot. Coral Ridge had hired Mr. Eidex’ client Southern Paving Solutions to install the parking blocks and perform other paving repairs. The parking blocks in question was installed in a manner where it overlapped the lines delineating the parking spaces. Plaintiff tripped and fell on the parking block and alleged injuries as a result of her fall. Her contention was that both Defendants were negligent in the installation of the blocks which resulted in her fall and injuries. Southern Paving contended they were a contractor and simply installed the parking blocks as directed by Co-Defendant Coral Ridge. The president of the Coral Ridge HOA admitted in testimony that he directed the installation of the blocks and was present both at the time of the installation and for an inspection following the conclusion of the work which he approved. Both defendants denied the installation of the blocks was improper and that the fall was simply a result of the Plaintiff not paying attention. Further, the Plaintiff admitted in her deposition that she was not paying attention.
Mr. Eidex moved for summary judgment on behalf of Southern Paving alleging they were simply a contractor hired to perform a task and there was no evidence they were negligent or breached any duty owed to the Plaintiff. Co-defendant Coral Ridge Condominium also moved for summary judgment. Judge Wesley Tailor of the State Court of Fulton County conducted a hearing and granted Mr. Eidex motion for summary judgment while denying the co-defendant’s motion for summary judgment. Judge Tailor found that there were ” there are two avenues by which an independent contractor like Southern [paving] could be subject to liability to an injured third party: by negligently performing the work assigned or by holding itself out as an expert in the design of the project.” He further found that the evidence and testimony showed that Southern Paving did not fall into either category and thus, summary judgment was proper.
The Court’s Order can be viewed here.
The case is Linda Bradford v. Coral Ridge Commons Condominium Association, Inc., Southern Paving Solutions, LLC and Access Management Group, L.P.
State Court of Fulton County, CAFN: 19EV000647H
