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Cowart v. Schevitz

As an out-of-possession landlord, the defendant was entitled to summary judgment in the plaintiff's premises liability suit, because he neither constructed the ramp on which the plaintiff fell nor supervised or directed the construction of it, and liability was thus precluded under O.C.G.A. § 44-7-14.

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In this trip and fall action, the defendant, Joseph Cowart, moved for summary judgment, asserting that the plaintiff, Ada Schevitz failed to exercise ordinary care for her own safety, and that pursuant to OCGA § 44-7-14 he is an out-of-possession landlord and not liable to third persons for the use of the property by his tenant. The trial court denied Cowart’s motion but certified its decision for immediate review, and this court granted his application for interlocutory appeal. Because Cowart was entitled to summary judgment, we reverse.

Summary judgment is appropriate when no genuine issues of material fact remain and the movant is entitled to judgment as a matter of law. On appeal, we review the grant or denial of summary judgment de novo, construing the evidence and all inferences in a light most favorable to the nonmoving party. Citation and punctuation omitted. Seki v. Groupon, Inc., 333 Ga. App. 319 775 SE2d 776 2015. So viewed, the evidence showed that Cowart leased commercial property he owned to the operators of a restaurant. In October 2010, the lease was assigned to the operator of Asian Buffet through a note on the last page of the lease that it was being assigned and accompanying signatures of the original lessees, the new assignee, and Cowart.

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