Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Barnes v. Morgantown Baptist Ass'n Inc.

The retaining wall off of which the decedent and his bicycle fell was an open and obvious condition, which the decedent could have avoided by the exercise of ordinary care.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

On September 26, 2005, 23-year-old Brian Lackhouse was fatally injured when he and his bicycle fell off a retaining wall adjacent to the parking lot of a Fannin County shopping center. Lackhouse’s mother and sister, Brenda Barnes and Amanda Eavenson the plaintiffs, brought this wrongful death action against Morgantown Baptist Association, Inc., William T. Tankersely, and others the defendants, the alleged co-owners of the wall. Following a hearing, the trial court granted the defendants’ motions for summary judgment. On appeal, the plaintiffs contend that the trial court erred in its findings as to: the open and obvious condition of defendants’ property; plaintiffs’ claims of negligence, negligence per se, and nuisance; and Lackhouse’s assumption of the risk.1 We affirm because the evidence establishes as a matter of law that the defendants did not have superior knowledge of the danger posed by the retaining wall and the drop-off therefrom. “We review the grant or denial of a motion for summary judgment de novo, viewing the evidence and all reasonable conclusions and inferences drawn from it in the light most favorable to the nonmovant.” Citation omitted. Nosiri v. Helm , 301 Ga. App. 380 687 SE2d 635 2009.

So viewed, the evidence shows that Lackhouse and his friend Josh Lambert decided to go mountain bike riding. Lackhouse was concerned that his bike’s gear chain needed to be adjusted, and he and Lambert drove to Cycle South, a business where Lackhouse had previously purchased his bicycle.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2024
June 20, 2024
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Legal Innovation Awards 2024
May 23, 2024
London

Celebrate outstanding achievement in law firms, chambers, in-house legal departments and alternative business structures.


Learn More
Consulting Top Consultants 2024
June 27, 2024
New York

Consulting Magazine identifies consultants that have the biggest impact on their clients, firms and the profession.


Learn More
Go to Events Go to Webcasts
Associate Attorney

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›
ASSOCIATE ATTORNEY-PERTH AMBOY-NJ

Company Description CourtLaw Injury Lawyers is an established Personal Injury Law Firm with its primary office located in Perth Amboy, New J...


Apply Now ›
Bankruptcy Attorney - New York Metropolitan Area Lawyers

Black Owl Recruiting is looking for a number of qualified applicants to fill positions for a highly reputable client. Recent experience work...


Apply Now ›
Go to Lawjobs
Clifford Law Offices, PC
04/29/2024
The National Law Journal

Professional Announcement


View Announcement ›
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Go to Professional Announcements