Georgia Court of Appeals -- April 30

The last day of April saw just a few more cases from the Georgia Court of Appeals.

In the only civil case, Saunders v. Industrial Metals and Surplus, Inc., 2007 WL 1240407, the Court of Appeals affirmed summary judgment to a landowner and a tenant who had been sued for premises liability when the employee of a roofing contractor hired by the tenant (and/or the owner) fell through a skylight, breaking several bones in his back and becoming paralyzed from the waist down. The employee obtained worker's compensation benefits from his employer, and also sought recovery against the defendants, but the trial court granted them summary judgment, ruling that both owner and tenant surrendered possession and control of the property to the roofing contractor, and the tenant had informed the contractor (which in turn informed its employees) of the danger of stepping on the skylights, and that the fault essentially lay with the contractor (and the employee). The Georgia Court of Appeals affirmed that neither the tenant nor owner was responsible, whether based on theories of breach of contract, premises liability, vicarious liability, ratification of the contractor's negligence, or negligent hiring.

The Court of Appeals also issued two opinions in criminal cases, affirming one case over a claim that the trial court lost jurisdiction over the second trial while the appeal arising from the first trial (ending in mistrial, and denial of the subsequent plea in bar based on double jeopardy) was still on appeal, DeSouza v. State, 2007 WL 1240298 (the mistrial and denial of plea in bar was affirmed on appeal, and the second trial resulted in a guilty verdict); and affirming a second case over a claim that the trial court erred in having a discussion with trial counsel (during jury deliberations) about mandatory sentencing provisions while the defendant was absent from the courtroom, Small v. State, 2007 WL 1240317 (perhaps the defendant was concerned that counsel was so ready to discuss sentencing before the jury came back).