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Hinson v. Black

The defendant, who was present when the plaintiff's visibly intoxicated daughter fell off a balcony to her death, was entitled to summary judgment in a negligence action because he assumed no duty for the daughter's care.

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Luther Black, a Georgia resident, was sitting at the dining table in a rented condominium on the 13th floor of an ocean-front resort in Panama City when two visibly intoxicated friends—Kameron Goodwin and Kathie Knight—entered. Shortly thereafter Knight, who was 23 years old, fell from the balcony to her death. Knight’s mother, Judy Hinson, brought suit against Black alleging that he was negligent in failing to care for the obviously intoxicated Knight and that he assumed a duty to help her but failed to do so. The trial court granted summary judgment in favor of Black and Hinson appeals.

On an appeal from a grant of summary judgment, we review the evidence de novo and view that 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. Applying that standard, summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c.

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