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Gooden v. City of Atlanta

Mother's evidence of crimes at public pool where her child drowned did not show that pool was a nuisance.

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Barbara Gooden, individually, and on behalf of her deceased minor son, filed a complaint against the City of Atlanta alleging that the manner in which the city operated the Oakland City swimming pool constituted a nuisance and caused the death of her young son. Specifically, Gooden alleged that the city allowed children to enter the pool area unsupervised, failed to repair damaged fences to keep young children out of the pool, and did not provide proper security or supervision of the pool. The City filed a motion for summary judgment which the superior court granted, and Gooden appeals. We conclude that the grant of summary judgment was proper, and we affirm.

In her sole enumeration of error, Gooden argues that there was sufficient evidence for a jury to conclude that the manner in which the pool was operated created an actionable nuisance for which the City was liable. Specifically, Gooden claims that the gate to the pool was open or that the fence was damaged and that no security personnel were in the pool area at the time of the accident. The City argues that because Gooden failed to present evidence that the pool was an actionable nuisance, summary judgment was proper.

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