SCULLY v. THE BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA Et Al.
332 Ga. App. 873
| Ga. Ct. App. | 2015Background
- On Oct. 2, 2009, Scully (out-of-town college student) visited a friend at the University of Georgia; late at night he and friends walked on campus and took a path behind Park Hall.
- The path behind Park Hall was darker because a nearby streetlight was out; the well-lit front of Park Hall and Baldwin Street provided an alternative route.
- A six-foot landscaped area (not intended as a walkway) separated the sidewalk from building window wells; an irrigation pipe was stapled in that landscaped area and covered with mulch.
- Scully left the sidewalk, tripped on the irrigation pipe, and fell into an ~8-foot window well, sustaining severe head injuries; his BAC ~.243.
- Scully sued the Board of Regents for premises liability/negligent maintenance; the trial court granted summary judgment for the Board, and Scully appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Scully was an invitee or a licensee on the portion of campus where he was injured | Scully: as a guest of a student tenant, he is an invitee of the landlord (Board) | Board: Scully had no business relationship with the University at the accident location and was on campus for his own purposes (licensee) | Court held Scully was a licensee; tenant-invitee rule did not extend to an off-route, unrelated area behind Park Hall |
| Whether the Board breached its duty to Scully (wilful/wanton conduct re: irrigation pipe and light) | Scully: defective lighting + exposed irrigation pipe adjacent to window well created a hazardous condition for which the Board is liable | Board: irrigation pipe was in landscaped area not intended for travel; no evidence of wilful/wanton conduct; maintenance performed regular lighting surveys and repairs | Court held no breach: static condition imposes only wilful/wanton duty to licensees, and no evidence Board acted wilfully or wantonly; summary judgment for Board affirmed |
Key Cases Cited
- Home Builders Assn. of Savannah, Inc. v. Chatham County, 276 Ga. 243 (explains summary judgment standard)
- Robinson v. Kroger Co., 268 Ga. 735 (negligence sometimes resolvable on summary judgment when facts undisputed)
- Ga. Dept. of Corrections v. Couch, 312 Ga. App. 544 (definition and duty distinctions for invitees vs. licensees)
- Paul v. Sharpe, 181 Ga. App. 443 (tenant’s guests can be invitees as to landlord where injuries occur within the scope of the invitation)
- Aldredge v. Symbas, 248 Ga. App. 578 (distinguishing static conditions and mantraps; duty to licensees limited to avoiding wilful/wanton injury)