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Sean Martin obtained judgment in a premises liability case pending before the Superior Court.

Monday, May 22, 2017   (0 Comments)
Posted by: Jackie Peiffer
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Sean Martin, Carr Allison, Chattanooga, TN, recently obtained summary judgment in a premises liability case pending before the Superior Court of Whitfield County, Georgia. Plaintiff was a landscaper who was hired by the defendant to maintain the landscaping of its premises. While performing work under the contract, the plaintiff stepped on a manhole cover and fell, causing injury. The manhole was owned and maintained by the county. Soon after the complaint was filed, the defendant moved for summary judgment on grounds that, as an independent contractor, plaintiff cannot recover against the defendant because the defendant had temporarily ceded possession and control of the premises to the independent contractor and, therefore, was not responsible for any unsafe working conditions present during the performance of the work under the contract. As additional grounds, the defendant asserted that the dangerous condition (manhole cover) was neither owned or maintained by the defendant, thus negating the duty element necessary to sustain a cause of action. The court agreed and summary judgment was granted. No appeal was taken.

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