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 |
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| 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.
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| 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.
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| Settlement: |
$782,000.00
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| 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.
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