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Howell v. Normal Life of GA Inc.

Because an individual may not profit from his or her own act of wrongdoing, the plaintiff's negligence and breach of contract claims, in connection with her son's imprisonment after he fled a residential care facility and committed crimes within minutes of fleeing, were barred and the defendants were entitled to summary judgment.

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Laura Howell as Durable Power of Attorney and Next Friend of Christopher Tiegreen her son filed a complaint for damages against Normal Life of Georgia, Inc., Res-Care, Inc., James Stephens, Carlos Strong, and Christopher Wages hereinafter, collectively “Normal Life”.1 Howell sought damages as a result of Tiegreen’s imprisonment for what she claimed was Normal Life’s: 1 negligent supervision and care of Tiegreen, enabling him to flee his home and commit crimes; and 2 breach of contract, by failing to adequately supervise and care for Tiegreen, enabling Tiegreen to flee his home, in violation of the terms of the contract for his care. Howell also sought punitive damages and attorney fees.

Normal Life moved for summary judgment on all claims. The trial court granted partial summary judgment in favor of Normal Life on the claims for negligence, punitive damages, and attorney fees; the trial court denied summary judgment on the breach of contract claim. In Case No. A16A0130, Howell appeals the partial grant of summary judgment in favor of Normal Life on her claims for negligence, punitive damages, and attorney fees. In Case No. A16A0131, Normal Life appeals the trial court’s denial of summary judgment on the breach of contract claim. For the reasons that follow, in Case No. A16A0130, we affirm the judgment of the trial court, and in Case No. A16A0131, we reverse the judgment of the trial court denying summary judgment on the breach of contract claim.

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