Harrison v. Legacy Hous., LP

324 F. Supp. 3d 1288
CourtDistrict Court, M.D. Georgia
DecidedMarch 30, 2018
DocketCIVIL ACTION No. 5:16-CV-199 (CAR)
StatusPublished

This text of 324 F. Supp. 3d 1288 (Harrison v. Legacy Hous., LP) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harrison v. Legacy Hous., LP, 324 F. Supp. 3d 1288 (M.D. Ga. 2018).

Opinion

C. ASHLEY ROYAL, SENIOR JUDGE UNITED STATES DISTRICT COURT

Plaintiff David Shannon Harrison filed this premises liability action seeking damages for injuries he sustained after he fell off of a ladder inside a warehouse owned by Defendant Legacy Housing, LP, GPLH, LC ("Legacy"). His wife, Plaintiff Courtney Gabrielle Harrison, asserts a related loss of consortium claim. Presently before the Court is Legacy's Motion for Summary Judgment. Having carefully considered the parties' arguments, the record, and applicable law, the Court finds no genuine issues of material fact exist as to Plaintiffs' claims. Thus, Legacy's Motion [Doc. 28] is GRANTED .

LEGAL STANDARD

Summary judgment is proper if the movant "shows that there is no genuine issue as to any material fact and the movant is entitled to a judgment as a matter of law."1 Not all factual disputes render summary judgment inappropriate; only a genuine issue of material fact will defeat a properly supported motion for summary judgment.2 This means that summary judgment may be granted if there is insufficient evidence for a reasonable jury to return a verdict for the nonmoving party or, in other words, if reasonable minds *1293could not differ as to the verdict.3

On summary judgment, the Court must view the evidence and all justifiable inferences in the light most favorable to the nonmoving party; the Court may not make credibility determinations or weigh the evidence.4 The moving party "always bears the initial responsibility of informing the court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of material fact" and that entitle it to a judgment as a matter of law.5 If the moving party discharges this burden, the burden then shifts to the nonmoving party to respond by setting forth specific evidence in the record and articulating the precise manner in which that evidence creates a genuine issue of material fact or that the moving party is not entitled to a judgment as a matter of law.6 This evidence must consist of more than mere conclusory allegations or legal conclusions.7

"Where [ ] evidence is circumstantial, a court may grant summary judgment when it concludes that no reasonable jury may infer from the assumed facts the conclusion upon which the non-movant's claim rests."8 "A court need not permit a case to go to a jury [ ] when the inferences that are drawn from the evidence, and upon which the non-movant relies, are 'implausible.' "9

Under Georgia law, "[i]n routine cases of premises of liability, i.e., the negligence of the defendant and the plaintiff, and the plaintiff's lack of ordinary care for personal safety are generally not susceptible of summary adjudication, and summary judgment is granted only when the evidence is plain, palpable, and undisputed."10 However, proof of a fall on one's premises, without more, does not give rise to liability.11 There must be some fault on the part of the premises owner.12

FACTUAL BACKGROUND

For purposes of this Motion, the material facts in the light most favorable to Plaintiff, the non-movant, are as follows:

Defendant Legacy Housing, LP ("Legacy") is a mobile-home manufacturing business based in Fort Worth, Texas. In September 2015, Legacy purchased property and buildings in Eatonton, Georgia formerly owned by Horton Homes, a mobile-home *1294manufacturing business that shut down in 2015. In addition to manufacturing mobile homes, Horton Homes also operated a molding and laminating division of its company called "Horton Components." The laminating process is a necessary component of manufacturing a mobile home.13 Howard Sneed was the production manager for Horton Components, and Mark Johnson was a salesman for Horton Components. Both Mr. Sneed and Mr. Johnson lost their jobs when Horton Homes went out of business. Legacy did not acquire Horton's molding and laminating division or its laminating equipment in the purchase of Horton Homes.

After Legacy acquired the deed to Horton Homes' manufacturing facilities in late 2015, Mr. Sneed called Curtis Hodgson, one of Legacy's co-owners, to inquire about Legacy's interest in setting up a molding and laminating division in one of its newly-acquired warehouses in Eatonton. Sneed hoped he and Johnson could continue the laminating work they had done with Horton Homes.14 Sneed's intent was to start a partnership with Legacy, not to be employed by Legacy.15 In late December, Sneed and Johnson flew to Texas and met with Mr. Hodgson to discuss a potential business arrangement with Legacy. Because Mr. Johnson had opened his own picture frame business, Johnson and Hodgson mutually agreed Johnson would not be a part of the potential business relationship. However, Sneed and Hodgson continued discussions.

At that time, Legacy outsourced the molding and laminating for its mobile homes to third parties. Sneed proposed a business relationship whereby Legacy would provide the working capital and space for Sneed to establish his own laminating company, and Sneed would pay rent for the building and provide laminating materials for Legacy's mobile homes at a discounted price. The parties anticipated Legacy being a major customer of the laminating business but not the only customer. At that time, Sneed and Hodgson were not contemplating the laminating business being a division of Legacy or Sneed being an employee of Legacy.16 However, it is clear the business proposal anticipated Legacy buying the laminating equipment necessary for Sneed to start the business, and Legacy would benefit by receiving rent and discounted prices.

After their meeting in December, Sneed and Hodgson talked "once every week or so" about the equipment Sneed needed to start the laminating business. In late January 2016, Sneed began visiting the site of the potential laminating plant, a warehouse owned by Legacy known as the "green building." Horton Homes had used the green building to store carpet and electrical supplies on two long rows of shelving racks inside the building. Each shelving unit was approximately twelve feet tall with four levels of shelves.

On January 20, 2016, Sneed emailed Hodgson about his desire to take down *1295some of the shelving in the green building to get a better view of the space. Sneed wrote, "when do you think I can bring someone in to help me tear down racks, build walls and other miscellaneous stuff that needs to be done[?]"17 Mr. Hodgson replied, "[w]e can give you a [L]egacy employee any time you need one. Ask [M]ick or [F]rank."18

Although Johnson was no longer involved as a potential business partner with Legacy and Sneed in setting up and operating the laminating plant, Johnson continued to monitor the development of the laminating business with Sneed.

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Bluebook (online)
324 F. Supp. 3d 1288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harrison-v-legacy-hous-lp-gamd-2018.