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George v. Hercules Real Estate Servs. Inc.

The trial court properly granted summary judgment to apartment management company in plaintiff's premises liability suit arising after unknown assailants shot him during a home invasion, as there was no competent evidence to create a question of fact on the element of causation.

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Derrick George filed a premises liability action against Hercules Real Estate Services, Inc. Hercules, the manager of the apartment complex in which George lived when he was shot by unknown assailants during a home invasion. George asserted claims for negligence, nuisance, and punitive damages. Hercules answered and filed a counterclaim for unpaid rent and other fees. The trial court granted summary judgment to Hercules as to all of George’s claims and as to Hercules’s counterclaim, and George appeals. For the reasons that follow, we affirm.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1

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