318 Ga. App. 554
Ga. Ct. App.2012Background
- James Younger, a Postal Service employee, was injured by a dog while delivering mail at a rental property.
- The dog belonged to Neubold, the tenant, whose landlord was Dunagan; Younger sued Dunagan alleging negligent failure to restrain or remove the dog.
- Dunagan was not in possession of the property; Neubold possessed and controlled the house for about 19 years.
- Dunagan testified he relinquished full possession and control to Neubold, with a narrow right to enter for landlord purposes with tenant’s permission.
- The dog approached Younger on the porch; Younger was injured while fleeing the dog.
- The trial court granted summary judgment for Dunagan; the appellate court affirmed, applying OCGA § 44-7-14 and evidentiary/notice considerations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlord is shielded by OCGA § 44-7-14 when possession is relinquished. | Younger asserts landlord liability for tenant-created danger. | Dunagan fully relinquished possession; § 44-7-14 applies. | Yes; Dunagan not liable under § 44-7-14. |
| Whether landlord retained possession via maintenance or other rights | Dunagan maintained control by property maintenance rights. | No evidence of retained possession or control beyond lawful entry rights. | No; evidence shows relinquishment of possession. |
| Whether uncertified municipal ordinances can be considered on summary judgment | Ordinances show ongoing nuisance and landlord acquiescence. | Ordinances were not properly certified; not admissible as evidence. | Ordinances not considered; not certified evidence. |
Key Cases Cited
- Colquitt v. Rowland, 265 Ga. 905 (1995) (landlord shielded by relinquishment of possession; liability limited)
- Ranwez v. Roberts, 268 Ga. App. 80 (2004) (landlord not liable after relinquishment unless defects or repairs)
- Griffiths v. Rowe Properties, 271 Ga. App. 344 (2005) (no liability where no defective construction or failure to repair)
- Latimore v. City of Atlanta, 289 Ga. App. 85 (2008) (municipal ordinances must be produced in proper certified form)
- Cowart v. Widener, 287 Ga. 622 (2010) (summary-judgment burden on movant; opposing party must point to triable issue)