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Williamsv.Kasulka Properties, LP

CourtCourt of Appeals of Georgia
Docket No.A23A1528
DecidedFebruary 22, 2024
Reporter370 Ga. App. 653; 898 S.E.2d 843; 2024 Ga. App. LEXIS 69; 2024 WL 720032
JudgesMCFADDEN, Presiding Judge. Brown and Markle, JJ., concur.
Tags
CivilPremises LiabilityOut-of-Possession LandlordProperty ManagementNo DutyNightclub AssaultSummary Judgment
Case Summary

After nightclub security guard Mike Kendrick seriously injured patron Damario Williams, Williams sued the club’s landlord and two affiliated property managers, alleging failures to warn patrons, vet tenants, hire or train security, and protect the premises. The Court of Appeals affirmed summary judgment for all three defendants: the landlord had surrendered possession, so OCGA § 44-7-14 governed and limited liability to defective construction or failure to repair. Williams argued the lease never took effect because the club failed to provide an insurance certificate, but the court held that even if this term were a condition precedent, the landlord consented to the club’s actual possession, creating a landlord-tenant relationship; Williams’s claims fit neither statutory exception. The property managers were not owners or occupiers under OCGA § 51-3-1 because their leasing and bill-payment services gave them no possession or control of the nightclub or its operations. Nor did the agency-liability statute itself create a duty to Williams: an agent may be liable only for breaching a duty independently owed to the injured person, and Williams identified no such duty here.

Opinion

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