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Habersham Venture Ltd. v. Breedlove Jr.

Property owner and tenant who operated a nightclub were not liable for the injuries the plaintiffs sustained when the plaintiffs voluntarily entered into a fight in the nightclub's parking lot.

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Pursuant to our grant of their applications for interlocutory review, we consider whether, as owner of the leasehold and operator of a nightclub, respectively, Habersham Venture, Ltd. Habersham and P. E. Atlanta, Inc. d/b/a Bell Bottoms Nightclub Bell Bottoms, were entitled to summary judgment on Breedlove, Jr. and Bolinger, Jr.’s premises liability claims for injuries resulting from a fight in the parking lot of Bell Bottoms.

The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins, 261 Ga. 491 405 SE2d 474 1991. When ruling on a motion for summary judgment, the opposing party should be given the benefit of all reasonable doubt, and the court should construe the evidence and all inferences and conclusions therefrom most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp., 187 Ga. App. 594, 596 370 SE2d 843 1988. Further, this court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City, 229 Ga. App. 160, 163 1 493 SE2d 540 1997.

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