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O'Connell v. Cora Bett Realty Inc.

A property management company could not be held liable to the same degree as a landlord for a tenant's injuries from a collapsed ceiling in the absence of competent evidence that the management company assumed total control over the leased premises.

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Malcolm O’Connell leased the basement and first floor of an historic building in Savannah.1 Three days after O’Connell signed the lease, he was seriously injured when a portion of the ceiling collapsed, pinning him under the rubble. O’Connell sued Cora Bett Thomas Realty, Inc. CBT, the management company, for negligence and breach of contract.2 CBT moved for summary judgment, which the trial court granted. As the trial court ruled correctly, we affirm.

On appeal from a grant of summary judgment, we conduct a de novo review, and we view the evidence and the inferences drawn from it in the light most favorable to the non-moving party.3 A defendant demonstrates entitlement to summary judgment by showing that the record lacks evidence sufficient to create a jury issue on at least one essential element of the plaintiff’s case.4 The defendant does not need to affirmatively disprove the plaintiff’s case, but may prevail simply by pointing to the lack of evidence.5 If the defendant does so, the plaintiff cannot rest on his pleadings, but must point to specific evidence that gives rise to a triable issue of fact.6

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