The Landings Ass'n Inc. v. Williams; The Landings Club Inc. v. Williams

The owners of a planned residential development were entitled to summary judgment in a premises liability suit arising from a fatal alligator attack because the victim had equal knowledge of the potential danger.

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In this action, the estate and heirs of Gwyneth Williams collectively, “the appellees” seek to recover damages from the owners of a lagoon where Williams was allegedly killed by a large alligator. The State Court of Chatham County denied in part the motion for summary judgment filed by the joint owners of the lagoon, The Landings Association, Inc. “the association” and The Landings Club, Inc. “the club” collectively, “the owners”. In an earlier appeal, we concluded, inter alia, that a question of fact remains as to whether the owners failed, pursuant to the law of premises liability, to take reasonable steps to protect Williams from being attacked and killed by an alligator on their premises. See The Landings Assn. v. Williams, 309 Ga. App. 321, 324-326 1 711 SE2d 294 2011. The Supreme Court of Georgia granted certiorari to determine whether we erred in reaching this conclusion. The Landings Assn. v. Williams, __Ga.__ 728 SE2d 577 2012. The Supreme Court found that the record shows that Williams had equal knowledge of the threat of alligators within the community and, therefore, that the owners are entitled to judgment as a matter of law on the appellees’ premises liability claims and reversed. Id. at__. Accordingly, our decision in The Landings Assn. v. Williams, 309 Ga. App. at 324-326 1, is vacated, and the judgment of the Supreme Court is made the judgment of this Court.

The grant of certiorari did not reach Division 2, 3, or 4 of our opinion.

The Landings Ass'n Inc. v. Williams; The Landings Club Inc. v. Williams

The owners of a planned residential development were entitled to summary judgment in a premises liability suit arising from a fatal alligator attack because the victim had equal knowledge of the potential danger.

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