X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Stephen Nicholas Saunders fell through a skylight while repairing a roof, suffering catastrophic injuries. He brought this premises liability suit against the landowner, 1635 Marietta Property, L.P., and the tenants, Industrial Metals and Surplus, Inc. and S.M.B. Steel Corp. Following discovery, the trial court granted summary judgment to all three defendants, and Saunders appeals. For the reasons that follow, we affirm the trial court. On appeal we review the trial court’s grant of summary judgment de novo to determine whether the evidence, viewed in the light most favorable to the nonmoving party, demonstrates a genuine issue of material fact. Summary judgment is proper only when no issue of material fact exists and the moving party is entitled to judgment as a matter of law. Preferred Real Estate Equities v. Housing Systems , 248 Ga. App. 745 548 SE2d 646 2001. Further, when ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp. , 187 Ga. App. 594, 596 370 SE2d 843 1988. On motions for summary judgment, however, courts cannot resolve the facts or reconcile the issues. Fletcher v. Amax, Inc. , 160 Ga. App. 692, 695 288 SE2d 49 1981. When reviewing the grant or denial of a motion for summary judgment, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, Inc. , 229 Ga. App. 160, 163 1 493 SE2d 540 1997.

So viewed, the evidence shows that 1635 Marietta Property owns several warehouse-type buildings that were leased by two entities: Industrial Metals and Surplus and S.M.B. Steel. Edwin Rothberg, who is the president of Industrial Metals and a partner in 1635 Marietta, entered into an oral contract with Bodiford Corp. d/b/a AAA Welding Services to replace the rusting roofs on five buildings on the property. Rothberg showed AAA’s owner, Larry Bodiford, the roof and told him the skylights throughout the roof would not support a man’s weight. Bodiford passed that information along to all of his employees, one of whom was Saunders, and reminded them every morning to be careful working around the skylights. The skylights in the building where Saunders was hurt were green and were easy to see against the rust colored roof. Saunders knew that the skylights would not support his weight.

 
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
July 11, 2024
New York, NY

The National Law Journal Elite Trial Lawyers recognizes U.S.-based law firms performing exemplary work on behalf of plaintiffs.


Learn More
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
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

Skolnick Legal Group, P.C., a construction and commercial litigation firm with offices in New Jersey and New York is seeking a Litigation As...


Apply Now ›

Cullen and Dykman is seeking an associate attorney with a minimum of 5+ years in insurance coverage experience as well as risk transfer and ...


Apply Now ›

McCarter & English, LLP is actively seeking a midlevel insurance coverage associate for its Newark, NJ and/or Philadelphia, PA offices. ...


Apply Now ›
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
06/14/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›