Heard v. Intervest Corp.


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Docket Number: 2001-CA-01973-COA
Linked Case(s): 2001-CT-01973-SCT ; 2001-CA-01973-COA ; 2001-CT-01973-SCT ; 2001-CT-01973-SCT

Court of Appeals: Opinion Link
Opinion Date: 03-11-2003
Opinion Author: Myers, J.
Holding: Affirmed

Additional Case Information: Topic: Wrongful death - Lessor’s duty of reasonable care
Judge(s) Concurring: McMillin, C.J., King and Southwick, P.JJ., Bridges, Thomas, Lee, Chandler and Griffis, JJ.
Dissenting Author : Irving, J.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - WRONGFUL DEATH

Trial Court: Date of Trial Judgment: 11-27-2001
Appealed from: Clay County Circuit Court
Judge: Lee J. Howard
Disposition: SUMMARY JUDGMENT FOR INTERVEST CORPORATION
Case Number: 99-0062

  Party Name: Attorney Name:  
Appellant: Eva Lois Heard, Personal Representative of the Estate of Gwendolyn Strong, Deceased




ANGELA TURNER-LAIRY BENNIE L. TURNER



 

Appellee: Intervest Corporation DAVID L. SANDERS JEFFREY JOHNSON TURNAGE  

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Topic: Wrongful death - Lessor’s duty of reasonable care

Summary of the Facts: Eva Heard, acting as the personal representative of Gwendolyn Strong, filed a wrongful death action against Intervest Corporation, the owner of the apartment complex where the accident occurred in which Eva was killed. The court granted Intervest a summary judgment, and Heard appeals.

Summary of Opinion Analysis: The lessor, with respect to common areas, has the duty to use reasonable care to keep the common areas reasonably safe and is liable for damages for failure to perform the duty. Both parties agreed that Strong was sitting outside her building, that the owner of the car was intoxicated and had his daughter drive his car; that the car jumped the curb and injured Strong, resulting in her death; and that there was no security guard on duty. Because property owners are not required to build barriers between their premises and streets and parking lots, the court properly granted summary judgment.


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