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Langleyv.Mp Spring Lake, Llc

CourtSupreme Court of Georgia
Docket No.S18G1326
DecidedNovember 14, 2019
Reporter307 Ga. 321
JudgesSupreme Court of Georgia
Tags
CivilTort LawPremises LiabilityContract LawContract InterpretationSummary JudgmentReversalRemand
Case Summary

Pamela Langley alleged that she fell on a crumbling curb in a common area of the apartment complex where she lived. She sued the property owner for negligence and negligence per se, and the owner sought summary judgment based on a lease clause requiring any legal action to be filed within one year. Langley filed her personal-injury action two years after the fall. The trial court and Court of Appeals treated the clause as a bar to her tort claims. The Georgia Supreme Court reversed. It held that the clause, read in the context of the lease, applied to actions arising from the lease contract rather than an unrelated premises-liability tort. The Court explained that the question was not whether contractual limitation periods can be enforceable, but whether this provision reached Langley’s injury claims. Because it did not, the Court reversed and remanded. It did not decide whether the clause would have been enforceable if it applied.

Opinion

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