307 Ga. App. 323
Ga. Ct. App.2010Background
- Womack, a dancer at Oasis Goodtime Emporium I, Inc., was assaulted in a private VIP room by a patron (John Doe).
- Oasis sought summary judgment arguing no duty and lack of foreseeability; Womack claimed county code violations increased risk and were negligent per se.
- The VIP rooms were windowless with curtains; surveillance existed on the main areas but not inside VIP rooms.
- Womack testified club policies allowed extensive contact, with lax enforcement by bouncers; she did not immediately report to police that night.
- The trial court granted summary judgment, ruling the county code did not apply and the assault was unforeseeable; on appeal, the court reconsidered whether evidence created a triable issue and whether county code duties applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Applicability of county code to Oasis | Womack argues the county code applies and Oasis is bound by it | Oasis did not raise applicability; argued only that the club was lawful and not a nuisance | Reversed; court could consider county code relevance despite Oasis not raising it previously |
| Negligence per se and causation | Code violations create a duty and can establish negligence per se with causal link | Assault foreseeability governs duty; code violations do not necessarily prove proximate cause | Negligence per se established; proximate cause for injuries remains a jury issue |
| Foreseeability versus statutory duties | Code-imposed duties make the risk foreseeable and create liability | Foreseeability not disputed; duty arises from code violations | Duty recognized; jury to decide proximate causation/ damages on per se theory |
Key Cases Cited
- Lau's Corp. v. Haskins, 261 Ga. 491, 405 S.E.2d 474 (1991) (summary judgment standard and shifting burden)
- Snellgrove v. Hyatt Corp., 277 Ga. App. 119, 625 S.E.2d 517 (2006) (negligence elements framework)
- Central Anesthesia Assoc. v. Worthy, 254 Ga. 728, 333 S.E.2d 829 (1985) (negligence per se when statute creates a duty)
- Hubbard v. Dept. of Transp., 256 Ga. App. 342, 568 S.E.2d 559 (2002) (negligence per se; causation generally jury question)
- Wachovia Bank v. Moody Bible Inst. of Chicago, 283 Ga. App. 488, 642 S.E.2d 118 (2007) (review of summary judgment; standards and evidentiary burden)