FPI Atlanta, L.P. v. Seaton

I agree with the majority that there is an issue of fact regarding duty, breach, proximate cause, and punitive damages for the owner/ operators. See Doe v. Briargate Apts., 227 Ga. App. 408 (489 SE2d 170) (1997) (physical precedent). I specially concur with regard to Division 5, because the tenants were not third-party beneficiaries of the security contract.

First, there is no inconsistency in holding that the owner/operators may be liable even though the security defendants are not, as the trial court ruled. The owner/operators had a nondelegable duty to the tenants. OCGA §§ 51-2-5 (4);…