Ogle v. Kelly

Gorman, Judge.

The plaintiffs-appellants, Jean and Delbert Ogle, Irene Bryant, Rosa Lowry, Harold Waller, Obie Williams, and Vyvyan Twitty, appeal from the summary judgment granted by the trial court in favor of the defendant-appellee, Paul A. Kelly, denying their claims for property damage because of Kelly’s alleged negligence. In their two assignments of error, the plaintiffs contend that the trial court committed error by finding that (1) Kelly was a “landlord out of possession and control” and not liable for a condition existing on leased premises he owned, and (2) relevant testimony…