Carolyn Cain, Mother of Mary C. Cain, Deceased, Cross-Appellee v. Frederick K. Vontz, D/B/A the Springs Apartments of MacOn Georgia, Cross-Appellant

ALLGOOD, District Judge:

The appellant, cross-appellee, Carolyn Cain, appeals the district court’s order granting the motion for summary judgment in this wrongful death suit. The appellee, cross-appellant, Frederick Vontz, appeals the denial of his motion to dismiss the complaint on the ground that Carolyn Cain did not have a cause of action under the Georgia Wrongful Death Statute in effect on the date of her daughter’s death.

On October 24, 1980, Carolyn Cain, mother of the deceased, Mary C. Cain, filed suit against Frederick K. Vontz as owner and operator of The Springs Apartments for the…