Wojcik v. Windmill Lake Apartments Inc.

Mary Wojcik, individually and as representative of her husband’s estate, appeals from the trial court’s grant of summary judgment to Windmill Lake Apartments, Inc., which operated the apartment complex where Wojcik was murdered by an non-resident while delivering pizza. The standards applicable to motions for summary judgment are announced in Lau’s Corp. v. Haskins , 261 Ga. 491 405 SE2d 474 1991. When ruling on a motion for summary judgment, a court must give the opposing party the benefit of all reasonable doubt, and the evidence and all inferences and conclusions therefrom must be construed most favorably toward the party opposing the motion. Moore v. Goldome Credit Corp. , 187 Ga. App. 594, 595-596 370 SE2d 843 1988. When reviewing the grant or denial of a motion for summary judgment, this Court conducts a de novo review of the law and the evidence. Desai v. Silver Dollar City , 229 Ga. App. 160, 163 1 493 SE2d 540 1997.

So viewing the evidence here, it showed that Windmill Lake Apartments, Inc. the Owner acquired the Windmill Lake apartment complex, located at 347 Pat Mell Road in Marietta, in January 1995. Roger Bernot is the chief executive officer of the corporation. When the complex was acquired, Bernot and others with the company were aware that there had been isolated criminal activity, such as vehicle break-ins, and suspicious activity, such as high traffic to some apartments, at the complex prior to and during the acquisition process. Because of this, precautions were taken to protect residents, including payment for monitored alarms in the apartments and floodlights in common areas. Any resident who requested a dead-bolt lot was provided with one. Cobb County police were requested to make more frequent patrols of the area and the complex allowed police officers to live there in exchange for the officer’s being the first point of contact for problems, although no officer was living there when Mr. Wojcik was killed. Also, residents were offered a monetary award to report any crime on the property, but the reward was never claimed. Background checks were initiated for prospective residents.