Legal Opinion

McCARNEY v. PA LEX GLEN, LLC

Court of Appeals of Georgia

Decided March 22, 2016No. A15A1684PublishedCited by 2 opinions

1Opinion of the Court

McFadden, Judge.

Kevin McCarney filed this action for personal injury, among other claims, alleging that his landlord, the defendant PA Lex Glen, LLC, failed to keep his apartment in good repair and that the mold in his apartment caused his sinus condition to worsen. The trial court granted summary judgment to PA Lex Glen.

On appeal, McCarney argues that the trial court erred in granting PA Lex Glen summary judgment on his negligence claim because the testimony of his medical expert was sufficient to create a question of fact as to causation. We agree and therefore reverse the grant of summary…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Allstate Insurance v. SuttonCourt of Appeals of Georgia · 2008
  2. Estate of Patterson v. Fulton-DeKalb Hospital AuthorityCourt of Appeals of Georgia · 1998
  3. Rodrigues v. Georgia-Pacific Corp.Court of Appeals of Georgia · 2008
  4. Fouch v. Bicknell Supply Co.Court of Appeals of Georgia · 2014
  5. Phillips v. KingCourt of Appeals of Georgia · 1994

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3Cited by2 opinions

  1. BARKO RESPONSE TEAM v. PHILLIP SUDDUTHCourt of Appeals of Georgia · 2016
  2. Taffether Hopson v. Capital One Auto Finance, Division of Capital One, N.A.Court of Appeals of Georgia · 2026

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