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Osman v. Olde Plantation Apartments on Montreal LLC

Some evidence showed that the plaintiffs were prevented from using stairs leading from an adjoining balcony to the ground during an arson fire because the gate in the privacy fence between the two apartments was nailed shut.

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Fatuma Ahmed Osman, individually, as the parent and guardian of Dofo Abdi Ali, a minor child, and as administrator of the estate of Farhiya Dakane Nur; Jabuti Abdi Ali; Mohamed Abdi Ali; Hanif Ali; Ayan Ali; and Abdikani Ali asserted negligence claims against Olde Plantation Apartments on Montreal, LLC and HMI Property Solutions, Inc.1 Olde Plantation and HMI moved for summary judgment and the trial court granted the motion as to all claims, except those asserted by Fatuma Osman, individually. The plaintiffs appeal this grant of summary judgment, and Olde Plantation and HMI cross-appeal the denial of their motion for summary judgment as to Osman’s individual claims. 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, and we “view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.” Brown v. All-Tech Investment Group, 265 Ga. App. 889, 890 595 SE2d 517 2004. See also Desai v. Silver Dollar City, 229 Ga. App. 160, 163 1 493 SE2d 540 1997.

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