Carolyn Rogers filed a complaint against the estate of Timothy Rogers on behalf of her minor son Bret Rogers, who was injured while visiting at his father’s home. Summary judgment was granted to the estate, and Rogers appeals. Because the estate pierced the allegations of the complaint and because Rogers failed to come forward with competent issues creating genuine issues of material fact, summary judgment in favor of the estate was authorized. We therefore affirm. At the time of the incident in this case, Carolyn Rogers and Timothy Rogers had been divorced for a number of years. Their son, Bret, lived with Carolyn Rogers but visited his father periodically. At some point Timothy Rogers entered into a relationship with Kimberly Withrow, who moved in with him. The couple’s long-time friend, Christine Goddard, visited with them in their home from September 1 through September 3, 2001. Bret was also visiting his father at that time. According to Goddard’s affidavit testimony, about 7:30 or 8:00 p.m. on September 3, Withrow and Goddard left the residence, had dinner, picked up Goddars son at a relative’s home, ran “a few errands,” and drove to Goddard’s home in Cartersville. Withrow dropped Goddard and her son off at approximately 1:30 a.m. on September 4 and left Goddard’s house to return to the house she shared with Timothy Rogers in Norcross.
On the afternoon of Tuesday, September 5, after learning that Bret had not gotten off his school bus, Carolyn Rogers and her sister went to Timothy Rogers’s home. They found Timothy Rogers and Withrow dead in a bathroom and Bret unconscious in a hallway. According to an affidavit executed by Carolyn Rogers, the ensuing “investigation revealed that Bret had suffered severe carbon monoxide poisoning caused by fumes from Ms. Withrow’s car. Ms. Withrow had apparently left her car running when she arrived home in the early morning hours from taking Ms. Goddard home. She suffered from deafness and apparently did not hear the car running.” Bret Rogers testified by affidavit that after going to bed on the night of September 3, “the next thing” he remembered “was being awakened by the sound of the garage door shutting. I remember getting out of bed and looking down the hallway. I was then overcome by blackness.”
