Henderson v. Sargent

The plaintiff's failure to raise an issue of fact on the element of causation was fatal to his injury suit, arising after he fell from a ladder while trimming trees on the first defendant's property.

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Robert Henderson sued Peter Sargent, Jenna Sargent, and Patricia Lincoln after he allegedly was injured as a result of receiving delayed medical care and being moved by Mr. Sargent after falling from a ladder. The trial court granted summary judgment in favor of each of the defendants, finding that Mr. Sargent was protected by the Georgia Good Samaritan Law1 and that Henderson failed to establish a genuine issue of material fact as to whether Ms. Sargent and Lincoln were vicariously liable for Mr. Sargent’s actions. In Case No. A09A0150, Henderson appeals the trial court’s grant of summary judgment in favor of Mr. Sargent, and in Case No. A09A0151, Henderson appeals the trial court’s grant of summary judgment in favor of Ms. Sargent and Lincoln. For the reasons discussed below, we find that summary judgment was properly granted in favor of each of the defendants and affirm in both cases. We review the trial court’s decision on a motion for summary judgment de novo, construing the evidence in the light most favorable to the nonmovant.2 So viewed, the record shows that on June 16, 2005, Mr. Sargent hired his friend, Henderson, to trim three trees on the property where he resided. The property was owned by Ms. Sargent, who is Mr. Sargent’s daughter, and her friend Lincoln.

Henderson cut the limbs on the first two trees using the pole saw that Ms. Sargent had provided, but he found that he could not reach all the limbs on the third tree with the pole saw. Henderson used an extension ladder to help him reach these limbs. However, as he was cutting one of the limbs, it fell onto the ladder and knocked him to the ground.

Henderson v. Sargent

The plaintiff's failure to raise an issue of fact on the element of causation was fatal to his injury suit, arising after he fell from a ladder while trimming trees on the first defendant's property.

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