Martin v. Hansen
326 Ga. App. 91
| Ga. Ct. App. | 2014Background
- Hansen sued Martins for injuries from tripping on the top stair of a rental home.
- Martins were out-of-possession landlords; liability limited by OCGA § 44-7-14.
- Hansen claimed the top stair rise was noncompliant and caused her fall.
- Lueer, who designed stairs, later measured and found noncompliance but hadn’t noticed it before.
- Martins filed affidavits claiming they were unaware the top rise violated code and hadn’t altered the staircase.
- Trial court denied summary judgment for lack of knowledge showing; appellate court reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Knowledge of defect required for liability? | Hansen contends Martins knew or should have known of defect. | Martins contend no actual knowledge; their affidavits negate knowledge. | Yes; lack of knowledge defeats duty under 44-7-14. |
| Does Martins’ affidavit evidence require rejection of unasserted theories? | Martins’ knowledge evidence disprove all theories of liability. | Evidence adequate to negate plaintiff’s knowledge-based claim. | Trial court erred by requiring Martins to disprove unasserted theories. |
| Was plaintiff required to produce admissible evidence of knowledge? | Hansen failed to show Martins knew of a defective stair. | Martins’ affidavits pierced Hansen’s pleading; evidence sufficient. | Hansen needed admissible evidence; she failed to show Martins’ knowledge. |
Key Cases Cited
- Yon v. Shimeall, 257 Ga. App. 845 (Ga. App. 2002) (establishes de novo review for summary judgments; standard applied)
- Steele v. Chappell, 222 Ga. App. 451 (Ga. App. 1996) (landlord liability depends on knowledge of defect)
- Lariscy v. Eschette, 306 Ga. App. 205 (Ga. App. 2010) (superior knowledge basis for landlord liability)
- Gainey v. Smacky’s Investments, 287 Ga. App. 529 (Ga. App. 2007) (out-of-possession landlord liability under 44-7-14)
- Solomon v. Barnett, 281 Ga. 130 (Ga. 2006) (summary judgment burden to disprove plaintiff’s claims)
- Stevenson v. City of Doraville, 294 Ga. 220 (Ga. 2013) (admissible-evidence requirement for summary judgment)
- Butler v. Huckabee, 209 Ga.App. 761 (Ga. App. 1993) (example of admissible evidence vs. speculation)