Smith v. Germania of America
Court of Appeals of Georgia
1Opinion of the Court
Smith, Presiding Judge.
We are called upon in this appeal to determine whether a complaint was correctly dismissed for failure to state a claim. The complaint was brought by tenants of an apartment complex and a group of their party guests against the owner and manager of the apartments. As amended, the complaint alleged a 42 USC § 1983 claim as well as state law claims for assault, battery, false arrest, and false imprisonment. We conclude that the trial court erred in granting the motion to dismiss as to both the federal and state law claims, and we therefore reverse.
The amended complaint in…
2Cases cited6 opinions
- Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
- Jackson v. Metropolitan Edison Co.Supreme Court of the United States · 1974
- Cox Enterprises, Inc. v. NixSupreme Court of Georgia · 2000
- Bakhtiarnejad v. Cox Enterprises, Inc.Court of Appeals of Georgia · 2000
- Rogers v. Fred R. Hiller Co. of Georgia, Inc.Court of Appeals of Georgia · 1994
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