Odom v. Lee

Court of Appeals of Georgia

Odom v. Lee

243 S.E.2d 699, 145 Ga. App. 304, 1978 Ga. App. LEXIS 1960

CourtCourt of Appeals of Georgia

DecidedMarch 14, 1978

Docket55304

StatusPublished

Cited by5 cases

This text of 243 S.E.2d 699 (Odom v. Lee) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Odom v. Lee, 243 S.E.2d 699, 145 Ga. App. 304, 1978 Ga. App. LEXIS 1960 (Ga. Ct. App. 1978).

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Opinion

Shulman, Judge.

Appellee-plaintiff brought a wrongful death action against appellant-landowner for the value of the life of her six-year-old son who drowned in appellant’s swimming pool.

We granted this application for interlocutory review to consider the denial of appellant’s motion for summary judgment. We reverse.

Affidavits and depositions established that appellee’s child lived in the neighborhood and frequently played with appellant’s child. On the day of the drowning appellant’s family left their home at about noon. Appellee’s son was not at or about appellant’s house at the time of leaving and had not been seen earlier that day. Appellant’s pool was surrounded by a padlocked chain link fence. The pool contained about three feet of murky and dirty rain water, leaves, toys and debris. When the child was discovered drowned about one and one-half hour after appellant’s return home, the fence was padlocked.

This case is controlled by our decision in Poston v. Vanderlee, 144 Ga. App. 833 (1978). Accordingly, it was *305 error to deny appellant’s motion for summary judgment.

Argued January 30, 1978 Decided March 14, 1978. Hugh F. Newberry, Scott A. Ray, for appellant. Antonio L. Thomas, for appellee.

Judgment reversed..

Bell, C. J., and Birdsong, J., concur.

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Shulman, Judge.

Appellee-plaintiff brought a wrongful death action against appellant-landowner for the value of the life of her six-year-old son who drowned in appellant’s swimming pool.

We granted this application for interlocutory review to consider the denial of appellant’s motion for summary judgment. We reverse.

Affidavits and depositions established that appellee’s child lived in the neighborhood and frequently played with appellant’s child. On the day of the drowning appellant’s family left their home at about noon. Appellee’s son was not at or about appellant’s house at the time of leaving and had not been seen earlier that day. Appellant’s pool was surrounded by a padlocked chain link fence. The pool contained about three feet of murky and dirty rain water, leaves, toys and debris. When the child was discovered drowned about one and one-half hour after appellant’s return home, the fence was padlocked.

This case is controlled by our decision in Poston v. Vanderlee, 144 Ga. App. 833 (1978). Accordingly, it was *305 error to deny appellant’s motion for summary judgment.

Argued January 30, 1978 Decided March 14, 1978. Hugh F. Newberry, Scott A. Ray, for appellant. Antonio L. Thomas, for appellee.

Judgment reversed..

Bell, C. J., and Birdsong, J., concur.

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243 S.E.2d 699, 145 Ga. App. 304, 1978 Ga. App. LEXIS 1960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/odom-v-lee-gactapp-1978.

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