Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

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.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

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

LEARN MORE

More From ALM

Premium Subscription
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
Team Accounts
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
Bundle Subscriptions
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
Go to CLE Center
GlobeSt. Women of Influence (WOI) 2024
July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.


Learn More
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Go to Events Go to Webcasts
Client Services/Hospitality Representative - Florida Office

CLIENT SERVICES/Hospitality REPRESENTATIVE-FLORIDA OFFICE Prominent mid-Atlantic law firm with multiple regional office locations seeks a f...


Apply Now ›
Legal Practice Assistant - Florida Office

Prominent mid-Atlantic law firm with multiple regional office locations seeks a legal practice assistant (LPA) for our Boca Raton, FL. Offic...


Apply Now ›
Litigation Associate - Philadelphia, PA

Description: Fox Rothschild has an opening in the Philadelphia, PA office for a litigation associate. The ideal candidate will have two to t...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Blume Forte Fried Zerres & Molinari
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements