Dolphin Realty v. Headley

The defendant landlord was entitled to summary judgment on the tenant's premises liability claim arising from two attacks by the same assailant in her apartment, because the landlord had no knowledge of prior similar crimes and the tenant had equal or superior knowledge of the risk.

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Pursuant to our grant of its interlocutory application for appeal, Dolphin Realty d/b/a Riverside House Apartments, appeals from the trial court’s denial in part of its motion for summary judgment and the trial court’s deferral of a ruling on part of the motion on Headley’s premises liability claim. In reviewing the grant or denial of summary judgment, we apply a de novo standard of review and consider the evidence with all reasonable inferences therefrom in favor of the party opposing summary judgment. Goring v. Martinez , 224 Ga. App. 137, 138 2 479 SE2d 432 1996. A defendant may prevail on summary judgment by “showing the court that the documents, affidavits, depositions and other evidence in the record reveal that there is no evidence sufficient to create a jury issue on at least one essential element of plaintiff’s case.” Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991.

So viewed, the undisputed evidence was that Headley rented an apartment at Riverside House Apartments Riverside in August 1997. Riverside is a residential complex of 220 units located approximately a mile north of I-285 in metro Atlanta. Headley’s apartment was located on the ground floor, directly across the parking lot from the laundromat of the complex. Headley felt “safe on the ground floor” because she “never heard” of any crime on the property. Betty Head, the resident manager of Riverside for ten years, was also unaware of any serious crimes on the property prior to the incidents involving Headley.

Dolphin Realty v. Headley

The defendant landlord was entitled to summary judgment on the tenant's premises liability claim arising from two attacks by the same assailant in her apartment, because the landlord had no knowledge of prior similar crimes and the tenant had equal or superior knowledge of the risk.

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