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Howard v. Gourmet Concepts Ntl. Inc.

Even if the defendants' trees and shrubbery obstructed the road, they did not contribute to the accident between the plaintiff and a driver who crossed the centerline while speeding.

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On November 17, 1995, Teresa G. Howard, plaintiff-appellant, received serious personal injuries when she attempted to turn left from Talton Drive into the south bound lane of Montreal Circle, where she was struck by Matthew Upchurch, driving a truck for Courier Express/Atlanta, Inc., and traveling north on Montreal Circle. In addition to Upchurch and Courier Express, Howard sued the owner of the property on Montreal Circle just south of Talton Drive, Gourmet Concepts International, Inc.; its landscaping service, Elias Garden Care, Inc. d/b/a Atlanta Scapes; and DeKalb County for maintaining a public nuisance. Howard contended that the trees, bushes, and grass on this property obstructed the view of the northbound lane of travel on Montreal Circle, so that neither driver could see the other around the curve in the road. Some of the obstruction existed on the right-of-way of DeKalb County. Although Howard could not see down the northbound lane because of the greenery, she pulled across this lane and into the south bound lane of Montreal Circle, where she was struck. The trial court granted summary judgment to Gourmet Concepts, Atlanta Scapes, and DeKalb County. The issues presented were: a did a nuisance exist; b did notice of a nuisance occur; c was the nuisance the proximate cause of plaintiff’s injuries; and d could DeKalb County be liable in nuisance to her for personal injuries. Jury issues existed as to a and b, and we answer c and d in the negative. Therefore, we affirm the trial court’s grant of summary judgment.

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