A number of people, including the decedent, were congregated in the parking lot. Incidentally, Scott thought Miller was a drug dealer, and he testified that he was utilizing his friendship with Miller to gain information concerning his suspected drug activities.Īs Scott approached Miller's apartment to ask for a ride, he had $400 in his hand. The two were drinking buddies, and Scott intended to share the beer with Miller. Although still intoxicated, Scott went to Darrell Miller's apartment to ask Miller to give him a ride to the store so that he could purchase beer. After returning home and taking a nap, he awoke that night. On a Saturday in July 1997, Scott performed no maintenance work at the apartments, but instead left the complex with friends and drank from morning until late afternoon. Unbeknownst to Naramore or Peaster, Scott started carrying a handgun for protection. He testified that he was not paid for doing this, but did so out *467 of a sense of appreciation for being provided with a job and place to live.Īfter a child in the apartment complex gave Scott drugs which were turned over to Naramore and then the police, Peaster encouraged Scott to "keep up the good work." According to Scott, it later became known that he had "ratted" on some drug pushers residing in the apartments, and this led to threats against him. With Naramore's and Peaster's knowledge and consent, Scott resolved these complaints. At times, he responded to tenant requests by performing repair work in the middle of the night, even after he had been drinking.īecause Scott both lived in and worked for the apartment complex, tenants also complained to him about problems such as other tenants playing music too loudly or making other disturbing noises. Resident manager Pat Naramore testified that after conferring with property manager Debbie Peaster and giving Scott an opportunity to explain the circumstances surrounding his criminal record, she approved his residency application.Īfter becoming a resident, Scott was hired as the apartment complex's maintenance man and paid based on the number of hours he spent doing maintenance work. Approximately six months later, IMC extended its exclusionary policy to any convicted felon.Īlthough Scott truthfully stated on his residency application that he had not been convicted of any felony within the prohibited five-year period, an authorized check of his background disclosed a history of arrests and convictions of violent crimes from 1980 through 1989. When Scott applied to become a tenant, IMC's policy was to disapprove any residency application filed by a person convicted of a felony within the prior five years. The complex was financed and operated as a low income housing development and, as such, was subject to various rules and regulations of the Farmers Home Administration (FmHA). Scott applied for residency in the apartment complex in July 1996. The burden on the moving party may be discharged by pointing out by reference to the record that there is an absence of evidence to support the nonmoving party's case. To establish an entitlement to summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. We review de novo a trial court's grant of summary judgment. Because there is evidence to support the Stephenses' claim against Greensboro Properties and IMC under one of the theories asserted, we reverse. The Stephenses appeal the trial court's grant of summary judgment to Greensboro Properties and IMC. The Stephenses seek to hold Greensboro Properties and IMC directly liable for Scott's actions under various negligence theories, and they seek to impose vicarious liability under the doctrine of respondeat superior. As a result, the Stephenses brought this wrongful death action against Scott, Greensboro Properties, and IMC. Scott shot and killed Martrieal Stephens on the premises. Stanley Scott also lived in the apartment complex, was employed there as maintenance man, and assumed certain other responsibilities. Linda and Freddie Stephens lived with their 14-year-old son Martrieal in an apartment complex owned by Greensboro Properties, Ltd., L.P., and Greensboro Properties, Ltd., L.P., Phase II, ("Greensboro Properties") and managed by Investors Management Company of Valdosta, Inc. *466 Blasingame, Burch, Garrard, Bryant & Ashley, E. Kopp, Greensboro, Jesse Copelan, Jr., Eatonton, for appellants.
0 Comments
Leave a Reply. |
Details
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |