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Griffiths v. Rowe Properties

As an out-of-possession landlord, the owner of an apartment complex could only be liable to third persons for defective construction or failure to repair.

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Christina Griffiths, as next friend of her minor son Tyler, filed suit against Jacqueline Edwards, Rowe Properties Rowe, the owner of the apartment complex where Edwards lived, and Davis Realty Davis, the leasing agent for Rowe, for damages suffered by Tyler when bitten by Edwards’ dog. Griffiths appeals from the trial court’s grant of summary judgment to Rowe and Davis.1 1. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp. , 226 Ga. App. 459 1 486 SE2d 684 1997.

On August 8, 2000, Rowe, through Davis, rented Apartment A-3, Highland Avenue, Columbus, to Jacqueline Edwards and Adam Rosenberg. Griffiths, her then husband, and Tyler, then three years and seven months old, lived across the way in Apartment B-3.

 
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