Jeffords v. Atlanta Presbytery, Inc.

Decision Date18 October 1976
Docket NumberNo. 52751,No. 2,52751,2
Citation140 Ga.App. 456,231 S.E.2d 355
PartiesL. M. JEFFORDS v. ATLANTA PRESBYTERY, INC
CourtGeorgia Court of Appeals

William G. Posey, Douglasville, for appellant.

Neely, Freeman & Hawkins, John W. Winborne, III, Edgar A. Neely, Jr., Atlanta, for appellee.

SMITH, Judge.

The plaintiff, Mr. Jeffords, brought an action against Atlanta Presbytery, Inc. to recover for injuries allegedly caused by the negligence of the defendant. Atlanta Presbytery, Inc. moved for summary judgment and the trial judge granted the motion. The plaintiff appeals the order granting defendant's motion for summary judgment.

In the summer of 1973, appellant was a volunteer camp director for the fourth grade at Camp Calvin, which is owned and operated by Atlanta Presbytery, Inc. On June 21, 1973, appellant was at the camp swimming pool where some of the campers and other counselors were participating in a game of water-basketball. There was a lifeguard on duty at the pool. The appellant noticed that the game was 'rather rough' and cautioned the participants 'several times that somebody was going to get hurt.' Appellant testified under deposition that the players paid no attention to his warnings and continued to play ball. Appellant thereafter got into the pool 'when a rough game was in progress.' Someone threw the ball at the appellant; he reached up to catch the ball. As soon as the ball hit his hands, one of the players reached for the ball and inadvertently struck appellant's right eye with one of his fingers.

Immediately after the incident, appellant informed the camp nurse that his eye hurt. She examined the eye and advised him to lie down and rest. After appellant rested, the pain in his eye subsided. The nurse asked appellant if he wished to see the doctor, but he responded that he did not.

On July 2, appellant had surgery to correct ptosis of his right eye (drooping eye). Appellant had this condition his entire life. On August 6, appellant saw his doctor because of a burning sensation in his right eye and blurred vision. The doctor then diagnosed the problem as a detached retina.

Appellant alleges that the detached retina was occasioned by the incident in the pool on June 21, 1973. He contends that the appellee is liable for this injury because it 'was negligent in its failure to take proper care of the plaintiff and properly train and instruct the youthful resident counselors, and to provide an adequate number of qualified personnel to supervise the swimming activities and have available competent medical attention'.

' The rules governing the land proprietor's duty to his invitee presuppose that the possessor knows of the condition and 'has no reason to believe that they (his invitees) will discover the condition or realize the risk involved therein.' 2 Restatement, Law...

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6 cases
  • Harris v. Star Service & Petroleum Co., 68161
    • United States
    • Georgia Court of Appeals
    • May 4, 1984
    ...142 Ga.App. 827, 829, 237 S.E.2d 450; Hancock v. Abbitt Realty Co., 142 Ga.App. 739 (1), 236 S.E.2d 860; Jeffords v. Atlanta Presbytery, 140 Ga.App. 456, 457, 231 S.E.2d 355; Shuman v. Mashburn, 137 Ga.App. 231, 233, 223 S.E.2d 268. See also Gibson v. Consolidated Credit Corp., 110 Ga.App. ......
  • Clark v. Carla Gay Dress Co., Inc., 70988
    • United States
    • Georgia Court of Appeals
    • January 6, 1986
    ...guest at party shot by another guest while both were playing with guns negligently left in house by owner); Jeffords v. Atlanta Presbytery, 140 Ga.App. 456, 231 S.E.2d 355 (swimmer poked in eye by swimmer during "rough" pool game); Lincoln v. Wilcox, 111 Ga.App. 365, 141 S.E.2d 765 (swimmer......
  • Ramsey v. Mercer
    • United States
    • Georgia Court of Appeals
    • July 13, 1977
    ...injured that a recovery is permitted. Auerbach v. Padgett, 122 Ga.App. 79, 81, 176 S.E.2d 193." Jeffords v. Atlanta Presbytery, Inc., 140 Ga.App. 456, 457, 231 S.E.2d 355, 356 (1976). Not only was Ramsey familiar with weapons, but Code Ann. § 26-2908 makes it a criminal offense for anyone t......
  • Simons v. Amerson, 57270
    • United States
    • Georgia Court of Appeals
    • June 1, 1979
    ...or in any respect have that superior knowledge of danger required to support a proprietor's liability. Jeffords v. Atlanta Presbytery, Inc., 140 Ga.App. 456, 457, 231 S.E.2d 355 (1976). Neither he nor Amerson can be held liable simply by virtue of their ownership or occupancy of the premise......
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