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Boone v. Udoto

A nightclub patron's attack on the plaintiff was not reasonably foreseeable to the defendant club owners, since the defendants had no prior knowledge of the patron or his propensities for violence and there had not been any similar incidents at the club.

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Torian Boone filed suit against Gilbert Udoto and Johnny Brown d/b/a Sandtrap Club & Lounge and Sunnyraj, Inc., after Boone sustained injuries from a patron of Sandtrap Club & Lounge “the Club” who assaulted him in the parking lot. Boone now appeals the trial court’s grant of defendants’ motions for summary judgment, contending the trial court erred by: 1 finding that the attack was not reasonably foreseeable; 2 finding that he had equal or superior knowledge to appellees and had the last clear chance to avoid the injury; 3 failing to consider his expert’s affidavit opining on issues involving negligence, causation, and foreseeability; and 4 finding that Sunnyraj, Inc., was an out-of-possession landlord because it retained certain rights as to the Sandtrap Club & Lounge. For the reasons below, 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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