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The Landings Ass'n Inc. v. Williams

The defendants were entitled to summary judgment on the plaintiffs' nuisance claim, arising after a large alligator allegedly killed an 83-year-old woman in or near a lagoon at a residential golf community, since the plaintiffs did not claim that the lagoon owners' activities on their own property in any way invaded the plaintiffs' property and thereby infringed on their right to peaceful enjoyment.

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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”.1 We granted the applications filed by the association and the club collectively, “the owners” for an interlocutory appeal from that ruling. We have consolidated the association’s appeal, Case No. A10A1955, and the club’s appeal, Case No. A10A1956, for disposition. The owners contend that they are entitled to judgment as a matter of law under both premises liability and nuisance theories of recovery. In addition, the owners contend that, under the doctrine of animals ferae naturae, a landowner is not responsible for any harm caused by a free wild animal on the owner’s land. For the reasons explained below, we affirm in part and reverse in part.

In order to prevail on a motion for summary judgment under OCGA § 9-11-56, the moving party must show that there exists no genuine issue of material fact, and that the undisputed facts, viewed in the light most favorable to the nonmoving party, demand judgment as a matter of law. Moreover, on appeal from the denial or grant of summary judgment the appellate court is to conduct a de novo review of the evidence to determine whether there exists a genuine issue of material fact, and whether the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Citations omitted. Benton v. Benton , 280 Ga. 468, 470 629 SE2d 204 2006.

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