Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matter in cases involving minors between the ages of seven and 14.

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Atlanta Affordable Housing Fund Limited Partnership and Ledic Management Group, Inc. appeal from a jury verdict and judgment for Shaatia J’Nai Brown, a nine-year-old, brought by her mother Tascena Jennings, individually and as her natural guardian, for injuries that the minor received when struck by a truck in the Park Place Apartment Complex where she lived. Brown was enrolled in an academic enrichment after-school program, “Make a Difference,” sponsored in the complex by the defendants. At the time of her injury, she was taking out the trash for the program and ran from behind a van parked in a no-parking zone into the path of a truck, which struck her. The defendants contend that the trial court erred in not granting summary judgment, directed verdict, judgment notwithstanding the verdict, and failed to charge on assumption of risk for this nine-year-old. Further, the defendants contend that there existed no premises liability or duty to supervise Brown. We do not agree and affirm the judgment.

1. The defendants in separate enumerations of error contend that the trial court erred in failing to grant summary judgment, directed verdict, judgment notwithstanding the verdict, and in failing to charge on assumption of risk.

Atlanta Affordable Hous. Fund Ltd. Partnership v. Brown b/n/g Tascena Jennings

Defendants were not entitled to a directed verdict, j.n.o.v. or new trial based on their claim that a 9-year-old's conduct was the sole proximate cause of her injuries since causation is a jury matter in cases involving minors between the ages of seven and 14.

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