Phillips v. Lindsey, 75048
Decision Date | 03 November 1987 |
Docket Number | No. 75048,75048 |
Citation | 184 Ga.App. 728,362 S.E.2d 491 |
Parties | PHILLIPS v. LINDSEY. |
Court | Georgia Court of Appeals |
Robert L. Herman, David A. Sleppy, Atlanta, for appellant.
Samuel A. Murray, Griffin, for appellee.
Appellant Phillips was injured when she was attacked by a dog owned by appellee Lindsey in Lindsey's home. Appellant filed suit against appellee, alleging he was negligent in failing to restrain, muzzle, or confine the dog in light of his knowledge that the animal had previously bitten someone. The trial court granted summary judgment in favor of appellee, concluding that appellant was appellee's social guest whose knowledge of the dog's aggressive nature was equal to that of appellee. Appellant seeks reversal of the judgment entered.
Appellant maintains the grant of summary judgment was inappropriate because the facts presented a question of fact concerning her legal status. The trial court concluded that appellant was a licensee because she was a social guest. However, there was evidence that appellee asked appellant to enter his home to perform a service for him, i.e., to look over a jury questionnaire he had received, and there was evidence that appellant was performing the task requested by appellee at the time she was injured. Construing as we must on summary judgment the evidence in favor of the nonmovant, there was evidence that appellant was an invitee. Sutton v. Sutton, 145 Ga.App. 22, 24, 243 S.E.2d 310 (1978). Appellee, therefore, may be liable to appellant/invitee "for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe." OCGA § 51-3-1.
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Bishop v. Mangal Bhai Enterprises, Inc.
...status is an issue of disputed material fact, making denial of his motion for summary judgment appropriate. Phillips v. Lindsey, 184 Ga.App. 728, 729, 362 S.E.2d 491 (1987); North v. Toco Hills, 160 Ga.App. 116, 117, 286 S.E.2d 346 (1981). Likewise, it also precludes the grant of summary ju......
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Crudup v. Post Properties, Inc.
...Eatonton v. Few, 189 Ga.App. 687, 691(5), 377 S.E.2d 504; Newman v. Collins, 186 Ga.App. 595, 597, 367 S.E.2d 866; Phillips v. Lindsey, 184 Ga.App. 728, 729, 362 S.E.2d 491. This principle was applied to reach a holding that a passenger's knowledge of a driver's intoxication does not preclu......
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