Lake v. APH Enter. LLC

The evidence was insufficient to create an issue of fact as to whether the defendant was an out-of-possession landlord and should be held liable for the plaintiff's injuries.

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Early on the morning of March 7, 2007, while Foster Lake, Jr. was patronizing a restaurant in Macon, he was shot by an unknown assailant in the parking lot while trying to break up a fight between a friend and several unknown men. Lake brought suit against the restaurant owner and against the landlord APH Enterprises, LLC, among others, for his injuries. The trial court granted summary judgment to APH on the ground that APH had fully parted with possession of the leased property and, therefore, could not be held liable for Lake’s injuries. Lake appeals, and we affirm. The undisputed facts show that Curtis Marshall1 owned and operated The Sports Zone Bar and Grill located at 703 South Slappey Boulevard in Albany. In 2005, APH Enterprises, which owned other nearby properties, purchased the premises from Ray Eubanks along with the adjacent property located at 701 South Slappey Boulevard. APH began to operate a liquor store at 701 S. Slappey, and APH and Marshall orally agreed to continue the lease for The Sports Zone under the same terms Marshall had with Eubanks. Pursuant to that agreement, Marshall was responsible for providing security and day-to-day maintenance of the premises, including the parking lot.2 APH was responsible for repairing “major problems” with the building itself, such as a broken air conditioning unit or a leaky roof. Lake has admitted the above facts.

Evidence showed that Alex Rowe, APH’s owner, “walked over a few times, in the course of several years . . . seeing how things were going . . . just like a friendly visit.” Rowe also paid property taxes for the premises, deducted repair expenses, and maintained insurance on the building. Lake argued that these facts raise a question of material fact as to whether APH should be liable for his injuries. The trial court granted summary judgment in favor of APH and found that “Plaintiff has not produced any evidence to dispute . . . APH’s assertion that it was an out-of-possession landlord of the premises at issue.”

Lake v. APH Enter. LLC

The evidence was insufficient to create an issue of fact as to whether the defendant was an out-of-possession landlord and should be held liable for the plaintiff's injuries.

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