Sones v. Real Estate Dev. Group Inc.

The plaintiff assumed the risk of his injuries from a fall as a matter of law when he voluntarily chose to be lifted high above the ground on a fork lift, which was not designed as a work platform and, which had no guardrails or tie offs.

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This is an appeal from the grant of summary judgment to Real Estate Development Group, Inc., Govinbeai George Patel, and Autel Patel from an active negligence personal injury action by Christopher Sones on the theories of OCGA § § 51-1-2 and 51-3-1. Tort liability under either OCGA § § 51-1-2 or 51-3-1 is barred when the Plaintiff with actual knowledge and subjective appreciation of the risk undertakes an obvious danger from the employee’s negligence. As of February 19, 2001, there existed in the trial court a dispute as to the status of Chris Sones, Nick Rauxet, Michael Smith, and Christopher Dixon, whether they were employees of the defendants or were independent contractors doing work at Red Roof Inn Motel and rebuilding a billboard at Sundown Lodge Motel. In January of 2001, Sones, Rauxet, and the other two were employed to work at Red Roof. Red Roof was owned by AV Investments, a non-party, and both Patels had an ownership interest in the Red Roof project. Real Estate Development owned Sundown Lodge, where the workers stayed at night. During the day they worked at Red Roof and at night they worked at Sundown rebuilding a billboard. The Patels are alleged to have supervised the work at both locations.

While working at the Red Roof project, George Patel negotiated with Sones that for $1,000 for his labor, as an independent contractor, Sones would rebuild the billboard and Patel would furnish the materials. Patel furnished the lift. Two nights work occurred prior to the injury.

Sones v. Real Estate Dev. Group Inc.

The plaintiff assumed the risk of his injuries from a fall as a matter of law when he voluntarily chose to be lifted high above the ground on a fork lift, which was not designed as a work platform and, which had no guardrails or tie offs.

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