X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this premises liability suit, Richard D. Jones appeals from the grant of summary judgment to Shelley Murphy, whom he sued after he walked through a sliding glass door at her house. 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 So viewed, the record shows that Murphy was in the process of moving into her newly purchased house and was visiting with friends on the evening of her first night spent at the house. The group was gathered on the back porch, and the house was unlit. Sometime between nine and ten in the evening, Jones and his fiancee dropped by the house after calling earlier in the day to show Murphy the fiancee’s engagement ring. Jones entered first and, excited to show his friends the engagement ring, walked quickly through the “pitch black” living room toward the back porch, where he saw his friends by candlelight coming from the porch. The porch was accessible by a sliding glass door fitted with a swinging metal security gate. Jones observed that the security gate was open, but, unbeknownst to Jones, the glass door was closed. Jones attempted to enter the porch and crashed through the glass door, injuring his leg. Murphy was aware that earlier in the day, two friends had bumped into the closed door as they attempted to use the door to pass from the porch into the house during daylight hours. Jones filed suit against Murphy alleging that she failed to make the sliding glass door safe or to warn him of its dangerousness. Murphy successfully moved for summary judgment, and Jones now appeals contending that summary judgment was precluded by factual issues as to Murphy’s failure to warn Jones or make the sliding glass door safe. We disagree.

It is undisputed that Jones was a licensee during his visit to Murphy’s house.2 Under OCGA § 51-3-2 b, “the owner of the premises is liable to a licensee only for willful or wanton injury.” This statutory liability for wilful or wanton injury to licensees means that the landowner . . . owes a duty to a licensee only to avoid knowingly letting him run upon a hidden peril or wilfully causing him harm . Thus, where the owner as here is aware of the licensee’s impending presence on the premises, it is usually wilful or wanton not to exercise ordinary care to prevent injuring a person who is actually known to be, or may reasonably be expected to be, within the range of a dangerous act being done or a hidden peril on one’s premises.3 Nevertheless, even assuming that Murphy had reason to know that the sliding glass door was a hidden peril posing a risk of harm to Jones, it is well established that Jones cannot recover if he could have avoided injury to himself by the exercise of ordinary care.4

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More

The United States Court of Appeals for the Tenth Circuit seeks applications for a bankruptcy judgeship in the District of Utah. Bankruptcy ...


Apply Now ›

Harter Secrest and Emery is seeking a securities and capital markets attorney, senior associate or counsel level, with eight or more years o...


Apply Now ›

Experienced Insurance Defense Attorney.No in office requirement.Send resume to:


Apply Now ›