Maleare v. Peachtree City Church of Christ, Inc.

McMurray, Presiding Judge.

Cherlyn Maleare and James Maleare filed an action against Peachtree City Church of Christ, Inc. (“the church”) for damages allegedly sustained after Cherlyn Maleare fell from a recreational “swing” located on the church’s property. The Maleares allege that their damages are “a direct proximate result” of the church’s failure to exercise “ordinary care in keeping the premises and the improvements thereto safe.” The church denied the material allegations of the complaint and filed a motion for summary judgment. The undisputed evidence reveals the following:

For several…