Martin v. Herrington Mill, LP
316 Ga. App. 696
| Ga. Ct. App. | 2012Background
- Martin sued Herrington Mill for premises liability alleging the assailant unlawfully entered her apartment and sexually assaulted her, causing injuries alleged as a result of unsafe premises.
- Martin filed suit on December 7, 2009, more than two years after the April 14, 2007 assault, and alleged tolling pursuant to OCGA § 9-3-91 due to mental incapacity.
- Martin had a history of depression and anxiety, with prior treatment including in-patient care around 2006 and PTSD diagnosed after the assault.
- Between the assault and filing, Martin sought and received counseling and, in October 2008, inpatient psychiatric treatment for two weeks.
- The trial court granted summary judgment to Herrington Mill, concluding Martin failed to prove mental incapacity tolling; Martin appeals.
- The appellate court reviews de novo and considers whether Martin’s evidence could show incapacity to manage ordinary affairs during the tolling period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martin proved mental incapacity tolling the statute | Martin's social worker testified she was unable to manage ordinary life for part of the period. | Records show Martin managed ordinary affairs most of the period; no legal incapacity established. | No, no sufficient incapacity shown; summary judgment affirmed. |
| Whether the social worker's testimony creates a fact question | Social worker’s statements raised genuine issues about incapacity. | Testimony was equivocal and contradicted by Martin’s own conduct showing manageability. | No, testimony does not create a material fact; record supports summary judgment. |
| Whether the two-week hospitalization tolls the statute at all given the filing delay | Any period of incapacity tolls the statute; two weeks could be enough. | Two weeks is de minimis given eight-month post-period filing; no tolling take effect. | No, two weeks of hospitalization does not affect tolling where other evidence shows sufficient capacity. |
Key Cases Cited
- Carter v. Glenn, 243 Ga. App. 544 (2000) (PTSD or mental illness alone insufficient to toll statute)
- Walker v. Brannan, 243 Ga. App. 235 (2000) (tolling requires incapacity to manage ordinary affairs)
- Jacobs v. Littleton, 241 Ga. App. 403 (1999) (deposition rebutting incapacity supports summary judgment)
- Alpharetta First United Methodist Church v. Stewart, 221 Ga. App. 748 (1996) (deference to ability to manage ordinary life undermines tolling claim)
- Curlee v. Mock Enters., Inc., 173 Ga. App. 594 (1985) (failure to toll when evidence shows capacity to manage life)
- Anglin v. Harris, 244 Ga. App. 140 (2000) (diagnosis alone not enough to toll unless incapacity shown)