Taylor v. S. & W. Dev. Inc.

In May 2004, Robert L. Taylor, Jr., by his next friend and legal guardian, Robert L. Taylor, Sr., filed personal injury claims against S & W Development, Inc. “S & W” to recover for injuries sustained when he fell through a window installed by S&W. The trial court granted S & W’s motion for summary judgment based on the expiration of the statute of repose, and Taylor appeals. Discerning no error, we affirm. On appeal from the grant or denial of a motion for summary judgment, we conduct a de novo review of the law and evidence, viewing the evidence in the light most favorable to the nonmovant, to determine whether a genuine issue of material fact exists and whether the moving party was entitled to judgment as a matter of law. Holbrook v. Stansell , 254 Ga. App. 553, 553-554 562 SE2d 731 2002.

So viewed, the evidence shows that in October 1999, Taylor fell through a plate glass window located at the front of the Athens Brew Pub and was severely injured by glass shards. The window was originally installed during a 1990 renovation project for which S & W was the general contractor. As installed, the window allegedly violated applicable law because its size and proximity to the floor required it to be made of tempered or safety glass and not plate glass. S & W also performed renovation work at the Athens Brew Pub in 1995 and 1996, which involved removing and reinstalling many of the windows installed in 1990, but not the window that Taylor fell through.