325 Ga. App. 883
Ga. Ct. App.2014Background
- Sweeney filed a negligence complaint against Lowe for damages after a dog bite.
- The trial court granted summary judgment to Lowe.
- Sweeney argued Fulton County Ordinance 34-205 imposed liability under a leash law.
- The record lacked the original or properly certified copy of the alleged ordinance.
- The court noted improper proof prevents consideration of the ordinance; judgment affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the local ordinance was properly proven | Sweeney relied on Fulton County Ordinance 34-205 | Ordinance terms were not properly before court | Not properly proven; cannot be considered |
| Whether failure to prove the ordinance requires affirmance of summary judgment | Ordinance existence supports liability | Without proof, ordinance cannot support liability | Affirmed due to lack of proper ordinance proof |
Key Cases Cited
- Thorsen v. Saber, 288 Ga. 18 (Ga. 2010) (proof of ordinances requires production of original or certified copy)
- Prime Home Properties v. Rockdale County Bd. of Health, 290 Ga. App. 698 (Ga. App. 2008) (ordinance language must be set forth verbatim or admitted)
- Cormier v. Willis, 313 Ga. App. 699 (Ga. App. 2012) (ordinances not properly proven cannot be considered)
- Younger v. Dunagan, 318 Ga. App. 554 (Ga. App. 2012) (ordinances not properly certified cannot be evaluated on summary judgment)