|
Emma Johnson,
Individually & as Administratrix
of the Estate of George Gale Johnston
vs.
Trust Company Bank,
Leggat McCall Properties Management, Inc.
Superior Court of North Fulton County
Civi Action file No. D-93594
Liability Facts: The Deceased, Mr. George Gale
Johnson, Was working as an electrician at the
Govern's Lake Office Park attempting to repair the
malfunctioning parking lot lights. While attempting
to repair the lighting problem, Mr Johnston traced
the wiring from the parking lot into the building's
elevator pit. Mr Johnston entered into the elevator
and , although he thought he had disengaged the
elevator, a tenant in the office building entered
into the elevator, pushed the button causing the
elevator to go up and counter weights to come down
crushing and killing Mr. Johnston instantly upon
impact.
A lawsuit was filed agiainst the owner of the
building complex and the management company for the
office complex under a premises liability throry.
the owner and management company answered the
lawsuit and filed a third party complaint for
contribution against the tenant who pushed the
elevator button, the tenant's employer whose office
was located in the building, the construction
company who built the building , the original
electrical contraactor who located the wiring in the
elevator pit, and the elevator company who installed
and maintaned the elevator. The defendants moved for
Summary Judgement on the independent contractor and
exclusive remedy of worker's compensation defenses.
Judge Isaac Jenrette of Fulton County Superior Court
denied the defendant's Motion for Summary Judgment.
Through extensive discovery depositions and from a
review of both the electrical and elevator codes,
the plaintiffs them filed a partial motion for the
Summary Judgment on the issue of negligence per se
regarding certain electrical and elevator code
violations. Judge Jenrette granted the plaintiff's
motion for partial Summary Judgment on the issue of
negligence per se finding three (3) code violations
as proven through the evidence by the plaintiffs.
Georgia law states that the elevator permit holder
is responsible for complianse with all applicable
elevtrical and elevator code sections which make the
management company and the building owners liable.
The case settled shortly therafter prior to an Order
on the plaintiff's Motion for Partia
Summary Judgment being entered by the court.
Special Comments: This was a worker's compensation
case which at first glance appeared to preclude a
personal injury claim under the exclusive remedy
being worker's compensation defense.
Settlement: $782,000.00
Attorneys: Plaintiff: Robert A Falanga, lead
counsel, and Jesse E. Barrow,III, co-counsel,
Falanga & Chalker
Defendant: Wade K. Copeland and Brian Neary, counsel
for Leggat McCall Properties Management, Inc. of
Webb, Carlock, Copeland, Semler & Stir in Atlanta.
Harold S. White, Jr., counsel for Trust Company Bank
of Greene, Buckley, Jones and McQueen in Atlanta.
| |
|
 |
| |
|
|
